Griffin v. Terry

Summary

The Supreme Court of Georgia affirmed the denial of Melvin Griffin’s habeas corpus petition. The court held that Griffin’s substantive claim concerning his absence during a juror colloquy was procedurally defaulted, and that he failed to establish actual prejudice from appellate counsel’s failure to raise the issue. The court clarified that presumed prejudice applicable on direct appeal is not presumed when the alleged error is raised through an ineffective-assistance-of-appellate-counsel claim.

Holdings

1. Griffin's substantive claim that he was denied the right to be present during the juror colloquy was procedurally defaulted because he did not object at trial or raise the issue on direct appeal, and he did not assert cause and prejudice sufficient to overcome the default.
2. When appellate ineffectiveness is based on counsel's failure to raise a trial error that would carry presumed prejudice on direct appeal, the petitioner must establish a reasonable probability that the error would have been reversible on appeal by showing a reasonable probability of a different trial outcome had the error been prevented or corrected; prejudice is not presumed in the ineffective-assistance proceeding.

Questions Presented

1. Whether Griffin's substantive claim that he was denied the right to be present during a juror colloquy was procedurally defaulted.
2. Whether appellate counsel was ineffective for failing to raise the right-to-be-present issue on direct appeal.
3. Whether prejudice may be presumed under Strickland when appellate counsel fails to raise a trial error that would have carried presumed prejudice on direct appeal.

Disposition

affirmed