Mallon v. State

The defendant failed to show that his counsel was ineffective in admitting his guilt on certain lesser offenses during opening statements in an attempt to "minimize" the state's case.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In Mallon v. State , 253 Ga. App. 51 557 SE2d 409 2001, we affirmed William Daniel Mallon’s convictions for aggravated assault, terroristic threats, and battery, and remanded the case for a hearing on Mallon’s claim of ineffective assistance of counsel. On remand, the trial court rejected Mallon’s contentions that he did not receive effective assistance of counsel. Mallon appeals, and we again affirm. Mallon contends that his trial counsel was ineffective in i failing to advise him of his right to a jury trial, ii admitting his guilt as to the terroristic threats and battery charges without adequate consent to do so, and iii failing to prepare witnesses and failing to prepare for sentencing. Mallon also claims ineffective assistance of appellate counsel in his previous appeal.

“A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction . . . has two components. First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense.” Strickland v. Washington , 466 U.S. 668, 687 104 SC 2052, 80 LE2d 674 1984. Smith v. Francis , 253 Ga. 782, 783 325 SE2d 362 1985. “Errors in judgment and tactical errors do not constitute denial of effective assistance of counsel.” Citation omitted Powell v. State , 210 Ga. App. 409, 413 6 437 SE2d 598 1993. The burden was on Mallon to show his counsel’s performance was deficient and prejudicial. Rickman v. State , 277 Ga. 277, 281 4 587 SE2d 596 2003.

Mallon v. State

The defendant failed to show that his counsel was ineffective in admitting his guilt on certain lesser offenses during opening statements in an attempt to "minimize" the state's case.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report