Shorter v. Waters

HINES, Justice.

This Court granted Spencer Shorter’s application for a certificate of probable cause to appeal the habeas court’s “Amendment to Final Order” affirming the denial of Shorter’s petition for writ of habeas corpus following this Court’s remand in Shorter v. Waters, 275 Ga. 581 (571 SE2d 373) (2002). The concern is whether the habeas court correctly held that, under the circumstances of this case, the failure of appellate counsel to raise the issue of ineffectiveness of trial counsel regarding the charge on reckless conduct as a lesser included offense was not “ ‘an unreasonable one…