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Griffin v. Terry

To show prejudice under Strickland where appellate counsel ineffectiveness is alleged due to the failure to assert an error that carries presumed prejudice on direct appeal, the appellant must establish a reasonable probability that the error would have been reversible on appeal, and, to do so, must establish a reasonable probability of a different outcome at trial had the error been prevented or corrected.

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We granted Appellant Melvin Griffin’s application for a certificate of probable cause to examine whether the habeas court erred in rejecting Griffin’s claim of ineffective assistance of appellate counsel. Having answered that question in the negative, we affirm.

Griffinwas convicted of murder and related offenses and was sentenced to life imprisonment plus 65 years consecutive. His convictions and sentences were affirmed on appeal, except as to one lesser included count, which was vacated. Griffinv. State, 265 Ga. 552 458 SE2d 813 1995. In 2008, through counsel, Griffin filed a petition for habeas corpus claiming that his right to be present at critical stages of trial had been violated when the trial judge questioned a juror during the trial outside Griffin’s presence. Griffin also asserted a claim for ineffective assistance of appellate counsel for his attorney’s failure to raise the right-to-be-present issue on appeal. After an evidentiary hearing at which Griffin and his former appellate counsel testified, the habeas court denied the habeas petition.

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