Johnny Overstreet, Jr. v. Warden

BLACK, Circuit Judge:

Johnny Overstreet, Jr., a Georgia prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. This Court granted a certificate of appealability on the following issue:

Whether appellate counsel rendered ineffective assistance in failing to argue that there was insufficient evidence to support Overstreet’s kidnapping convic tions in light of Garza v. State [284 Ga. 696], 670 S.E.2d 73, 78 (2008).

After careful review and with the benefit of oral argument, we answer the certified issue in the affirmative, reverse the order of the…