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Rosenbaumv.State

CourtSupreme Court of Georgia
Docket No.S24A0448
DecidedOctober 15, 2024
Reporter320 Ga. 5; 907 S.E.2d 593; 2024 Ga. LEXIS 229; 2024 LX 60892; 2024 WL 4486730
JudgesEllington, J. (opinion); all Justices concur, except Colvin, J., disqualified.
Tags
CriminalFelony MurderCruelty to ChildrenFoster Child AbuseIneffective Assistance of CounselConflict of InterestWaiver of Conflict-Free Counsel
Case Summary

Jennifer Rosenbaum was convicted of felony murder and multiple assaultive and child-cruelty counts arising from the fatal abuse of a two-year-old foster child and the abuse of the child’s older sister. On appeal, she argued that counsel was ineffective for not seeking a justification charge and that counsel labored under an actual conflict because of joint defense issues with her husband’s case. The Supreme Court of Georgia affirmed. It held that Rosenbaum knowingly, voluntarily, and intelligently waived any conflict-free-counsel objection and therefore could not obtain relief on that ground, and the remaining ineffective-assistance arguments failed as well. The reasoning focused on the extensive medical evidence disproving Rosenbaum’s choking-and-rescue account, the trial court’s handling of the conflict issue, and Rosenbaum’s documented waiver after consulting independent counsel about the risks of joint representation.

Opinion

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