Burgess v. Hall

Jerome Burgess was convicted in 2010 by jury of felony murder, three counts of aggravated assault, and possession of a firearm during the commission of a crime, and we affirmed his convictions. Burgess later filed a petition for a writ of habeas corpus, alleging that appellate counsel was ineffective for failing to argue on appeal that: (1) trial counsel was ineffective for failing to cross examine effectively a testifying co-defendant; and (2) the State committed a Brady v. Maryland, 373 U.S. 83 (1963) violation for failing to disclose impeachment evidence against that co-defendant. The habeas court denied Burgess relief. The Georgia Supreme Court granted Burgess’s application for a certificate for probable cause, but ultimately affirmed, finding the habeas court correctly rejected Burgess’s claims. View "Burgess v. Hall" on Justia Law