Clair v. State

Birdsong, Presiding Judge.

Brian L. Clair appeals his convictions of DUI and speeding. He contends the trial court erred by denying his motion for new trial because his trial defense counsel was ineffective within the meaning of Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674), and because the ruling “was based in part on errors of law concerning issues determined by the trial court.” Held:

1. It was Clair’s burden to establish that his trial defense counsel’s performance was deficient and that the deficient performance prejudiced his defense (Brown v. State, 257 Ga. 277, 278…