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David Franklin Blackv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A1697
DecidedMarch 5, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureRight to CounselIneffective Assistance of CounselDue ProcessReversalRemandSex CrimesTales From the Crypt
Case Summary

David Black was convicted of aggravated sexual battery and child molestation after his retained lawyer unexpectedly stopped representing him shortly before trial. The trial judge did not rule on the lawyer’s withdrawal request, directed Black to obtain counsel or proceed alone, and then denied appointed counsel any continuance after the appointment. Appointed counsel had only a short time to prepare and called one defense witness. The Court of Appeals reversed. A defendant is entitled to effective assistance and a meaningful opportunity for counsel to prepare, especially when facing serious felony charges. Black did not cause the lack of preparation, and the trial court’s refusal to address the retained lawyer’s withdrawal or allow adequate preparation left appointed counsel unable to investigate and present available testimony supporting the defense. Because the evidence was not overwhelming and the omitted testimony could have affected the result, Black established ineffective assistance. The State remained free to retry him because the evidence was legally sufficient.

Opinion

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