Legal Opinion

Whitaker v. State

Court of Appeals of Georgia

Decided November 4, 2005No. A05A0825PublishedCited by 12 opinions

1Opinion of the Court

Phipps, Judge.

Following his trial on four counts of burglary, Timothy Whitaker was found guilty of committing two counts. The trial court denied his motion for new trial and Whitaker appeals, contending he is entitled to a new trial as a result of ineffective assistance of counsel and the following alleged errors committed by the trial court: (1) dismissal of a juror sua sponte; (2) denial of his motion for mistrial or severance; and (3) questioning of witnesses in a manner that demonstrated bias. Because we find Whitaker received ineffective assistance of counsel, we reverse and remand this…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Bruce v. StateCourt of Appeals of Georgia · 2001
  3. Emilio v. StateCourt of Appeals of Georgia · 2003
  4. Vann v. StateCourt of Appeals of Georgia · 2004

3Cited by12 opinions

  1. Farris v. StateCourt of Appeals of Georgia · 2008
  2. Farris v. StateCourt of Appeals of Georgia · 2008
  3. Gibson v. StateCourt of Appeals of Georgia · 2006
  4. Jackson v. StateCourt of Appeals of Georgia · 2013
  5. Berry v. StateCourt of Appeals of Georgia · 2012

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