Patel v. State

I fully concur in Divisions (b) and (c) of the majority opinion, and in the judgment affirming Patel’s conviction for felony murder. *755Division (a) addresses the contention that trial counsel was ineffective in failing to request a jury instruction on the defense of habitation. In finding that counsel was not ineffective, the majority distinguishes Benham v. State, 277 Ga. 516 (591 SE2d 824) (2004) on two grounds. I agree with respect to the first ground since, the law of the case as enunciated in Patel v. State, 278 Ga. 403, 404 (603 SE2d 237) (2004), established that there was no evidence…