Herbert Martin Lynn was convicted of burglary and theft after property disappeared from a garden center during a foreclosure-related liquidation. He argued that the trial court improperly excluded hearsay testimony and that counsel was ineffective for failing to file a timely suppression motion and present witnesses. The Georgia Court of Appeals held that the hearsay ruling was harmful and reversed the convictions. It rejected the ineffective-assistance claim concerning the suppression motion because Lynn had not shown that a timely motion would have succeeded, and it declined to reach claims unlikely to recur after retrial. The majority also held that the evidence supported giving the jury a charge concerning the inference that property left behind might have been abandoned. A separate opinion concurred in part and dissented in part, reasoning that the existing record was sufficient to resolve more of the ineffective-assistance claims and that counsel was not ineffective regarding the jury charge. The convictions were reversed.