Legal Opinion · Concurring in part, dissenting in part

French v. State

Court of Appeals of Georgia

Decided December 5, 1990No. A90A1450Published

1Concurring in part, dissenting in partBeasley, Judge

I concur fully in Divisions 1 through 5 but depart from the position taken in Division 6 and perceive no reason to remand for hearing and further ruling.

It is true that under circumstances where new appellate counsel has not had the opportunity to raise the issue of ineffectiveness of *213counsel before the trial court, such as via an amended motion for new trial or an extraordinary motion for new trial, remand may be appropriate. Meders v. State, 260 Ga. 49, 55 (10) (389 SE2d 320) (1990). See Weems v. State, 196 Ga. App. 429 (395 SE2d 863) (1990); Seabolt v. State, 190 Ga. App. 244 (378 SE2d…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. GoldenCourt of Appeals of Georgia · 1984
  3. Meders v. StateSupreme Court of Georgia · 1990
  4. Weems v. StateCourt of Appeals of Georgia · 1990
  5. Thompson v. StateCourt of Appeals of Georgia · 1988

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