SEARCH

Jordan v. State

Trial counsel's decision not to call any defense witnesses in order to retain the right to open and close arguments did not constitute ineffective assistance of counsel.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Newton County jury convicted Nathaniel Jordan of possession of cocaine, OCGA § 16-13-30 a, and giving a false name to a police officer, OCGA § 16-10-25. Following a hearing, the trial court denied Jordan’s out-of-time motion for new trial. Jordan filed this appeal, contending that he received ineffective assistance of counsel and that the trial court erred in denying his request for a continuance to secure other counsel.

1. “It is the duty of this court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction.” Citations and punctuation omitted. Rowland v. State, 264 Ga. 872 1 452 SE2d 756 1995. In this case, the trial court expressly ruled on—and denied—Jordan’s “extraordinary motion for new trial.” An appeal from the denial of an extraordinary motion for new trial must be brought in accordance with the discretionary appeal procedure. OCGA § 5-6-35 a 7, b, and d. Failure to follow this procedure where required deprives this Court of jurisdiction to entertain the appeal. Pitts v. State, 254 Ga. 298 328 SE2d 732 1985. Cf. Barnes v. State, 243 Ga. App. 703, 704 SE2d 2000 order denying a motion for out-of-time appeal is directly appealable. Jordan filed a notice of appeal rather than an application for discretionary appeal under OCGA § 5-6-35 a 7. We therefore must examine whether we have jurisdiction to hear Jordan’s appeal.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

GlobeSt. Multifamily Fall 2024

October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!

Learn More

California Legal Awards 2024

October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.

Learn More

Texas Legal Awards 2024

October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Attorney Associate

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...

Apply Now ›

Litigation Associate Attorney

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...

Apply Now ›

Litigation Associate - Princeton, NJ

Description: Fox Rothschild has an opening in Princeton, NJ for an associate in the Litigation Department. The ideal candidate will have tw...

Apply Now ›