Sullivan v. Kemp

Benham, Justice.

This Court granted Patrick Sullivan’s certificate of probable cause to appeal the denial of his petition for habeas corpus. Because we agree with Sullivan that his appellate counsel’s performance was deficient and there is a reasonable probability that counsel’s error prejudiced the defense, we reverse the habeas court’s ruling.

Details of this case are set forth in Sullivan v. State, 277 Ga. App. 738 (627 SE2d 437) (2006), in which the Court of Appeals affirmed Sullivan’s convictions on the sole enumeration of error that the evidence was insufficient to support the verdict.…