Gregory v. Green

Smith, Justice.

Walter D. Gregory appeals from the denial of his petition for *103writ of habeas corpus. He is presently serving a ten-year sentence for aggravated assault. His conviction was affirmed by the Court of Appeals in Gregory v. State, 148 Ga. App. 176 (251 SE2d 130) (1978).

Gregory’s complaint is that he received ineffective assistance of counsel as to his extraordinary motion for new trial based on newly discovered evidence. Pretermitting the question of petitioner’s right to effective assistance of counsel on such a motion, we find that petitioner has failed to prove ineffective…