Weeks v. State
| Decision Date | 02 November 1988 |
| Docket Number | No. 45854,45854 |
| Citation | 258 Ga. 662,374 S.E.2d 532 |
| Parties | WEEKS v. STATE. |
| Court | Georgia Supreme Court |
Donald F. Samuel, The Garland Firm, Atlanta, for Michael weeks.
Thomas C. Lawler III, Dist. Atty., Debra K. Turner, Asst. Dist. Atty., Lawrenceville, for the State.
Michael Weeks' conviction for child molestation was affirmed by the Court of Appeals. Weeks v. State, 187 Ga.App. 307, 370 S.E.2d 344 (1988). We granted certiorari for the limited purpose of remanding the case under Smith v. State, 255 Ga. 654, 341 S.E.2d 5 (1986), for a determination of whether he was denied effective assistance of counsel. Following the remand hearing, the trial court, applying the standards of Strickland v. Washington, 466 U.S. 668, 687-8, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984), determined that the petitioner failed to show that his trial counsel's performance was deficient. 1
Applying the same standard, we agree that Weeks' claim of ineffective assistance of counsel must fail. Compare Lloyd v. State, 258 Ga. 645, 373 S.E.2d 1 (Case No. 45619, decided October 20, 1988).
JUDGMENT AFFIRMED.
All the Justices concur.
1 In his extensive order, the trial judge confronted and made separate findings on each of Week's contentions. We applaud this procedure which is very helpful on appeal and would, in most instances, foreclose further inquiry into this issue.
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Talbot v. State
...the court addressed the matter at all. Therefore we are forced to remand for further findings on this point. See Weeks v. State, 258 Ga. 662, n. 1, 374 S.E.2d 532 (1988) (separate findings on each issue are helpful for review); Turner v. State, 236 Ga.App. 592, 595(3), n. 9, 512 S.E.2d 699 ......
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Johnson v. State, A94A0663
...its verdict amounts to a waiver by acquiescence. Weeks v. State, 187 Ga.App. 307, 308(2), 310, 370 S.E.2d 344, affirmed in 258 Ga. 662, 374 S.E.2d 532; Hudson v. State, 250 Ga. 479, 483-484(3a), 299 S.E.2d 531, supra. " '(W)hile it may be a better practice, it is not necessary for an accuse......
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Smith v. State
...before us, we agree that defendant did not carry his burden of demonstrating ineffective assistance of counsel. Cf. Weeks v. State, 258 Ga. 662, 374 S.E.2d 532 (1988); Pitts v. Glass, 231 Ga. 638, 203 S.E.2d 515 6. In his fifth enumeration of error defendant argues that the State made an im......
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Midura v. State, 77816
...See Smith v. State, 255 Ga. 654, 341 S.E.2d 5 (1986). Compare Lloyd v. State, 258 Ga. 645, 374 S.E.2d 532 (1988); Weeks v. State, 258 Ga. 662, 374 S.E.2d 532 (1988); Hightower v. State, 189 Ga.App. 553, 376 S.E.2d 717 (1988) (dissenting opinion). Moreover, we agree with the court below that......