Legal Opinion

Swan v. State

Court of Appeals of Georgia

Decided August 3, 2001No. A01A1054PublishedCited by 10 opinions

1Opinion of the Court

Mikell, Judge.

Ricky Swan entered a guilty plea to two counts of aggravated assault and two counts of theft by taking. He subsequently filed a pro se motion to withdraw his plea, contending that his trial counsel rendered ineffective assistance and that, as a result, his plea was not intelligently and voluntarily entered. We disagree and affirm.

1. To prevail on his ineffective assistance claim, Swan must demonstrate that counsel’s performance fell below an objective standard of reasonableness and that there is a reasonable probability that, absent counsel’s deficiencies, he would not have…

2Cases cited6 opinions

  1. Brown v. StateSupreme Court of Georgia · 1987
  2. Johnson v. StateCourt of Appeals of Georgia · 2000
  3. Martin v. StateSupreme Court of Georgia · 1997
  4. Dalton v. StateCourt of Appeals of Georgia · 2000
  5. Sample v. StateCourt of Appeals of Georgia · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Zellmer v. StateCourt of Appeals of Georgia · 2002
  2. Caudell v. StateCourt of Appeals of Georgia · 2003
  3. Henry v. StateCourt of Appeals of Georgia · 2007
  4. Muckle v. StateCourt of Appeals of Georgia · 2007
  5. Jones v. StateCourt of Appeals of Georgia · 2001

5 more not listed; retrieve them via the Exa API.

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