Gerisch v. Meadows

Defense counsel rendered constitutionally ineffective assistance in failing to raise a double jeopardy defense to a charge of aggravated battery, which arose from the same altercation that resulted in the defendant's prior guilty plea to disorderly conduct.

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We granted a certificate of probable cause to appeal in this habeas corpus action to determine whether Keith Edwain Gerisch was denied constitutionally effective assistance of trial counsel in connection with Gerisch’s guilty plea to aggravated battery. Because we conclude that trial counsel was ineffective in failing to recognize and fully investigate a double jeopardy claim, and in failing to reasonably inform petitioner of the merits of that defense prior to the entry of his guilty plea, we reverse the judgment of the habeas court. On June 21, 1998, Gerisch was involved in a fight with Lara Robinson and he was charged with the municipal offenses of disorderly conduct by fighting and “public drunk.” On July 6, 1998, he pled guilty to those charges in the City Court of Nashville, Georgia; he was sentenced to 12 months probation, and ordered to pay a fine of $1,000, plus $761 as restitution for the victim’s medical expenses.

On June 25, 1998 Gerisch was charged in a two-count indictment in Berrien County Superior Court with aggravated battery arising from the June 21, 1998 fight with Robinson; and with simple battery arising from another altercation with Robinson which occurred on a different day. In addition, he was charged in a separate indictment with felony possession of marijuana and DUI. Gerisch was appointed counsel who entered into plea negotiations with the prosecutor to dispose of all pending charges. As a result of the plea negotiations, the prosecutor recommended a sentence of 20 years on the aggravated battery charge 10 to serve, 10 on probation; plus concurrent terms on the remaining offenses.

Gerisch v. Meadows

Defense counsel rendered constitutionally ineffective assistance in failing to raise a double jeopardy defense to a charge of aggravated battery, which arose from the same altercation that resulted in the defendant's prior guilty plea to disorderly conduct.

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