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Humphreyv.Lewis

CourtSupreme Court of Georgia
Docket No.S12A0154
DecidedJune 18, 2012
Reporter291 Ga. 202; 728 S.E.2d 603; 2012 Fulton County D. Rep. 1910; 2012 WL 2217052; 2012 Ga. LEXIS 574
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedurePost-Conviction ReliefHabeas CorpusDeath PenaltyConstitutional LawEvidenceIneffective Assistance of CounselProsecutorial MisconductJury InstructionsProcedural LabyrinthsReversalRipley's Believe It Or Not
Case Summary

Christopher K. Lewis was convicted in Georgia of malice murder, burglary, and related offenses and sentenced to death. After earlier direct appeals and habeas proceedings, the habeas court again granted relief on claims involving alleged Brady violations, the refusal to charge voluntary manslaughter, prosecutorial conduct, trial-court error, ineffective assistance, and cumulative error. The Supreme Court of Georgia reversed and reinstated Lewis's convictions. It held that the alleged Brady evidence was not material and that Lewis could not overcome procedural default. The court further held that the record did not show the sudden provocation required for a voluntary-manslaughter instruction or a reasonable probability that appellate counsel's failure to raise the issue changed the appeal. The court rejected the remaining misconduct and trial-error theories because they were procedurally defaulted or did not establish ineffective assistance or prejudice. It also rejected cumulative-error relief under Georgia law. The ruling vacated the habeas court's grant of relief and left Lewis's convictions reinstated.

Opinion

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