McLAUGHLIN v. THE STATE
Court of Appeals of Georgia
1Opinion of the Court
Branch, Judge.
Following a jury trial, Kimberly West McLaughlin was convicted in Cobb County Superior Court of a single count of aggravated assault. McLaughlin now appeals from the denial of her motion for a new trial, arguing that she received ineffective assistance of counsel based on her attorney’s failure to seek a continuance to obtain evidence of battered person syndrome to use in support of McLaughlin’s sole defense. We agree, and we therefore reverse the trial court’s order.
“On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we…
Also in this document: Concurrence.
2Cases cited22 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Padilla v. KentuckySupreme Court of the United States · 2010
- Hinton v. AlabamaSupreme Court of the United States · 2014
- Miller v. StateSupreme Court of Georgia · 2009
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3Cited by3 opinions
- Puckett v. the StateCourt of Appeals of Georgia · 2017
- David Francis Aitken v. StateCourt of Appeals of Georgia · 2022
- Jenry Villalobos v. Atlanta Motorsports Sales, LLCCourt of Appeals of Georgia · 2020