State v. Smith

Carley, Justice.

A jury found Alkareem Smith guilty of felony murder. New counsel represented him on motion for new trial and on appeal, and the conviction and life sentence were affirmed. Smith v. State, 262 Ga. 814 (425 SE2d 879) (1993). Appellee did not raise the effectiveness of his trial lawyer until 2001, when he filed an extraordinary motion for new trial and asserted that as one of the grounds. The trial court granted the motion, concluding that the trial attorney was ineffective and that appellate counsel was “necessarily” ineffective for failing to raise that as an issue on motion…