Langlands v. State, 280 Ga. 799

Summary

The Supreme Court of Georgia held that the defendant was entitled to a new trial on the charge of possessing a firearm during the commission of a felony because ineffective assistance affecting the justification defense applied to that count. The court also held that counsel's failure to challenge an indictment alleging an impossible offense date prejudiced the defendant and required a new trial on the charge of possessing a firearm as a convicted felon. The judgment was reversed, and all justices concurred.

Holdings

1. Because justification applied to the murder, aggravated-assault, and possession-of-a-firearm-during-the-commission-of-a-felony counts, the trial court erred by granting a new trial on the first two counts but denying one on the firearm-during-a-felony count.
2. The trial court erred in denying a new trial on the firearm-by-convicted-felon count because counsel was ineffective for failing to timely challenge the defective indictment, and the failure prejudiced the defense.
3. The Supreme Court of Georgia had jurisdiction because the murder count of the indictment remained pending below.

Questions Presented

1. Whether the trial court erred by granting a new trial on the murder and aggravated-assault counts but not on the possession-of-a-firearm-during-the-commission-of-a-felony count, where the ineffective-assistance finding concerned failure to present evidence supporting justification.
2. Whether trial counsel was ineffective for failing to file a timely demurrer to the defective firearm-by-convicted-felon count in the second indictment.
3. Whether the Supreme Court of Georgia had jurisdiction over the appeal while the murder count remained pending below.

Disposition

reversed