Bass v. State

The majority departs from settled federal and state law by utilizing a presumption of prejudice which is wholly inapplicable for two separate and compelling reasons. The majority also errs to the extent that it relies upon actual prejudice in concluding that the failure to object to Gary Wilson’s service as a bailiff constituted ineffective assistance of counsel.

1. “[Cjontact between the jury and a witness for the State who is also an officer of the court is not grounds for an automatic reversal. [Cit.]” Bishop v. State, 268 Ga. 286, 293 (10) (486 SE2d 887) (1997). See also Gonzales v. Beto,…