Legal Opinion · Concurrence

Gregoire v. State

Court of Appeals of Georgia

Decided March 30, 2011No. A10A1917Published

1ConcurrencePhipps, Presiding Judge

I concur fully that Gregoire waived the contention set forth in Division 1 of the majority. I concur specially with the majority’s determination in Division 2 that Gregoire has failed to show reversible error in the trial court’s conclusion that he was not entitled to a new trial based upon his claim of ineffective assistance of counsel. To prevail on an ineffectiveness claim, pursuant to Strickland v. Washington,3 a defendant must establish that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.4 The majority has determined that the trial…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Suggs v. StateSupreme Court of Georgia · 2000
  3. Schofield v. HolseySupreme Court of Georgia · 2007
  4. Miller v. StateSupreme Court of Georgia · 2009
  5. Buice v. StateCourt of Appeals of Georgia · 1999

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