James Larry Johnson v. E. B. Caldwell, Warden, Georgia State Prison

The sole issue on this appeal is the alleged ineffective assistance of Johnson’s counsel. After conviction in a Georgia state court, but before notice of appeal had been filed with the Georgia Supreme Court, Johnson escaped from state custody. In a letter to the trial judge, Johnson’s counsel stated his intention not to file a notice of appeal and asked to be relieved as counsel on the ground that the Georgia law dictated that when a convicted person escapes from custody his appeal would be dismissed as moot. The counsel’s motion was granted.

The Georgia Supreme Court, on appeal from a habeas…