Legal Opinion

McLAUGHLIN v. THE STATE

Court of Appeals of Georgia

Decided July 12, 2016No. A16A0385PublishedCited by 3 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. Hinton v. AlabamaSupreme Court of the United States · 2014
  5. Miller v. StateSupreme Court of Georgia · 2009

17 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Puckett v. the StateCourt of Appeals of Georgia · 2017
  2. David Francis Aitken v. StateCourt of Appeals of Georgia · 2022
  3. Jenry Villalobos v. Atlanta Motorsports Sales, LLCCourt of Appeals of Georgia · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API