Legal Opinion · Dissent

Gilmer v. the State

Court of Appeals of Georgia

Decided November 18, 2016No. A16A0919Published

1DissentMcFADDEN, Judge

Gilmer has shown that his trial counsel’s failure to object to the bolstering testimony of two witnesses was deficient performance and so prejudiced him that, but for the deficiency, there is a reasonable probability that the outcome of the trial would have been different,. See Daniel v. State, 338 Ga. App. 389, 392 (3) (787 SE2d 281) (2016). Because Gilmer has shown that he received ineffective assistance of counsel, his convictions should be reversed. I therefore respectfully dissent.

1. Deficient performance.

As the majority finds, both the state’s expert witness and the family friend to…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller v. StateSupreme Court of Georgia · 2009
  3. Hill v. StateSupreme Court of Georgia · 2012
  4. Benham v. StateSupreme Court of Georgia · 2004
  5. Cobb v. StateSupreme Court of Georgia · 2008

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