McClenton v. Zant

Undercofler, Justice.

After grant of his application,1 McClenton appeals from the order denying habeas relief. Tried for murder and convicted of voluntary manslaughter, his conviction was affirmed in McClenton v. State, 150 Ga. App. 573 (258 SE2d 168) (1979).

His first trial for murder ended in a mistrial when nine jurors voted for acquittal but three held out for a voluntary manslaughter conviction.

He contends that he was denied effective assistance of counsel during the retrial because defense counsel refused to summon a certain person as a witness for the defense and refused to request a…