Shorter v. Waters

HUNSTEIN, Justice.

We granted Spencer Shorter’s petition for probable cause to appeal in this habeas corpus proceeding in order to address whether under the facts in this case the habeas court applied the correct standard when it determined that the appellate strategy utilized by Shorter’s counsel was not “so unreasonable” under Battles v. Chap man, 269 Ga. 702 (506 SE2d 838) (1998). Because we find that the habeas court was misled by certain language in Battles into applying an inappropriate standard, we vacate the habeas court’s decision and remand for application of the proper standard.

Short…