O'Donnell v. Smith

Benham, Justice.

The Warden seeks review of the grant of habeas relief to appellee Ryan Allen Smith. The record shows appellee was convicted of malice murder and sentenced to life in prison in 2002.1 This Court affirmed appellee’s conviction in Smith v. State, 277 Ga. 213 (586 SE2d 639) (2003), cert. denied, Smith v. Georgia, 541 U. S. 1032 (124 SCt 2101, 158 LE2d 715) (2004). Appellee subsequently filed a petition for a writ of habeas corpus wherein he alleged that trial/appellate counsel2 was ineffective for failing to challenge the State’s proof of venue, allowing an un-redacted indictment…