Legal Opinion

Phillips v. State

Court of Appeals of Georgia

Decided July 24, 1998No. A98A1211PublishedCited by 10 opinions

1Opinion of the Court

Ruffin, Judge.

A jury found James Edward Phillips guilty of criminal attempt to commit aggravated sodomy. Phillips filed a motion for new trial, asserting that his trial counsel was ineffective in failing to present evidence in support of his alibi defense. The trial court denied the motion, concluding that trial counsel was effective. Phillips appeals, and for the following reasons, we affirm.

“To prove an ineffective assistance of counsel claim, the defendant must show that trial counsel performed deficiently and that the result of the trial would have been different but for the deficiency.…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Austin v. CarterSupreme Court of Georgia · 1982
  3. Wynn v. StateCourt of Appeals of Georgia · 1997
  4. Polk v. StateCourt of Appeals of Georgia · 1997
  5. Stephens v. StateCourt of Appeals of Georgia · 1997

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

3Cited by10 opinions

  1. Rogers v. StateCourt of Appeals of Georgia · 2000
  2. Braswell v. StateCourt of Appeals of Georgia · 2000
  3. Brown v. StateCourt of Appeals of Georgia · 1999
  4. Todd v. StateCourt of Appeals of Georgia · 2005
  5. Graham v. StateCourt of Appeals of Georgia · 2001

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

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