Nelson v. Hall, 275 Ga. 792

Summary

The Supreme Court of Georgia held that a habeas court improperly assessed prejudice from ineffective assistance of appellate counsel by focusing on the likely outcome after remand or retrial rather than the outcome of the appeal. Because appellate counsel failed to challenge a jury instruction omitting the bodily-injury element of kidnapping with bodily injury, the court concluded that Nelson established both deficient performance and prejudice. The court reversed the denial of habeas relief.

Holdings

1. Prejudice is established by showing a reasonable probability that the outcome of the appeal would have been different; the habeas court may not assess prejudice by focusing on the projected result of a remand, retrial, or resentencing.
2. Nelson satisfied both the deficiency and prejudice prongs of ineffective assistance of appellate counsel because counsel failed to challenge an instruction omitting an essential element and the conviction would have been reversed had the issue been raised.

Questions Presented

1. Whether prejudice from ineffective assistance of appellate counsel must be assessed by asking whether there was a reasonable probability that the outcome of the appeal would have been different, rather than by predicting the result of a remand or retrial.
2. Whether Nelson established ineffective assistance of appellate counsel based on counsel's failure to challenge the omission of the bodily-injury element from the kidnapping jury instruction.

Disposition

reversed