Arrington v. Collins
290 Ga. 603
Ga.2012Background
- Collins was convicted of trafficking in cocaine and sentenced to 30 years, with 25 to be served in prison.
- He fired three privately-retained attorneys and proceeded pro se at trial in 2001.
- On appeal, Collins claimed trial continuance denial and lack of counsel; the Court of Appeals affirmed.
- Collins filed a habeas corpus petition in 2007 alleging ineffective appellate assistance and various trial issues.
- The habeas court granted the writ, finding deficiencies in appellate counsel; the warden appealed.
- The Supreme Court reversed, concluding appellate counsel’s decisions were not deficient and no prejudice established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel’s failure to raise an illegal-search claim was deficient | Collins | State-court search warrant description was insufficient | No deficiency; warrant description was sufficient and issue unlikely to prevail on appeal |
| Whether appellate counsel erred by not challenging a burden-shifting jury instruction | Collins | Pattern instruction applicable; full jury instructions negated misperception | Not deficient; instructions read as a whole did not mislead on burden of proof |
| Whether appellate counsel should have raised an instruction about Collins’s sole defense | Collins | Charge allowed lesser-included offense if greater offense tried; not deficient | Not deficient; Cantrell-related issue not showing ineffective assistance |
Key Cases Cited
- Cantrell v. State, 266 Ga. 700, 469 SE2d 660 (1996) (Ga. 1996) (unanimity required for greater offense before lesser included offense deliberation; pattern instruction analyzed)
- Yaeger v. State, 274 Ga. 216, 552 SE2d 809 (2001) (Ga. 2001) (upholds similar charge issues and jury instruction standards)
- Camphor v. State, 272 Ga. 408, 529 SE2d 121 (2000) (Ga. 2000) (guides evaluation of lesser-included offenses and jury instructions)
- Allison v. State, 259 Ga. App. 775, 577 SE2d 845 (2003) (Ga. App. 2003) (context on appeals and error preservation for jury charges)
- Turner v. State, 241 Ga. App. 431, 526 SE2d 95 (1999) (Ga. App. 1999) (district-level precedent on jury instruction sufficiency)