Tuesday, November 6, 2007

Ineffective Assistance Claim Not Waived

A defendant named Mac The Hung was convicted of malice murder and three counts of aggravated assault. He sought to raise the issue of ineffective assistance of counsel on appeal. The Georgia Supreme Court held that the issue had not been waived. The defendant had been represented by a series of public defenders. Because one public defender cannot be expected to raise ineffectiveness claims against a colleague, the court concluded that the defendant had raised his claim in a timely manner: the claim "may not be barred by the failure of a succession of attorneys from the same public defender's to raise it." (Mike Frisch)


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