BRYSON v. JACKSON, 299 Ga. 751

Background

Jackson broke into his girlfriend’s home, confronted her family at gunpoint, and fatally shot her father; he was arrested and convicted of murder.
On direct appeal, appointed appellate counsel filed a notice of appeal instead of a motion for new trial, procedurally barring trial-stage ineffective-assistance claims.
Jackson filed a habeas petition alleging trial counsel was ineffective for (a) not presenting "Chandler" victim-character evidence, (b) not objecting to his absence from two bench/chambers discussions about Chandler evidence, (c) failing to secure a jury instruction on justification, and (d) failing to request voluntary manslaughter as a lesser included offense.
Jackson also argued his appellate counsel was ineffective for failing to preserve trial-counsel IAC on direct appeal.
The habeas court found appellate counsel ineffective for not preserving trial-counsel claims and that trial counsel was actually ineffective; the Supreme Court of Georgia reversed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate counsel was ineffective for failing to preserve trial-counsel IAC on direct appeal	Jackson: appellate counsel should have preserved trial-counsel IAC, and its absence prejudiced his appeal	State: Jackson cannot show prejudice because trial counsel did not perform deficiently on the alleged grounds	Reversed — no appellate IAC because trial-counsel claims lacked merit and thus no prejudice shown
Whether trial counsel was ineffective for not offering Chandler victim-character evidence	Jackson: evidence of victim’s violent history and timing of first shot supported a justification defense and Chandler admission	State: no evidence supported justification; Chandler requirements not met, so motion would be meritless	Not ineffective — Chandler evidence was inadmissible given lack of prima facie justification
Whether trial counsel was ineffective for not objecting to Jackson’s absence from bench/chambers Chandler discussions	Jackson: his presence could have aided counsel in identifying Chandler witnesses and testimony	State: absence caused no prejudice because Chandler evidence was not admissible	Not ineffective — no prejudice because Chandler evidence was unavailable
Whether trial counsel was ineffective for failing to obtain a jury instruction on justification	Jackson: counsel should have requested a justification instruction	State: counsel requested the instruction; court denied it for lack of supporting evidence	Not ineffective — counsel did request it and denial was correct on the merits
Whether trial counsel was ineffective for failing to request a voluntary manslaughter instruction	Jackson: jury should have been instructed on lesser-included voluntary manslaughter	State: no evidence supported voluntary manslaughter (e.g., no provocation or heat-of-passion evidence)	Not ineffective — no factual basis for lesser-included instruction

Key Cases Cited

Jackson v. State, 270 Ga. 436 (1999) (direct-appeal facts and procedural background)
Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)
Glover v. State, 266 Ga. 183 (procedural-bar for failing to raise trial IAC promptly)
Head v. Ferrell, 274 Ga. 399 (standards for appellate counsel IAC claims)
Spencer v. State, 287 Ga. 434 (Chandler procedure and admissibility standards)
Laster v. State, 268 Ga. 172 (Chandler burden on defendant)
Lupoe v. State, 284 Ga. 576 (failure to file meritless motion cannot be IAC)
Durden v. State, 293 Ga. 89 (lesser-included instruction standards)
Tepanca v. State, 297 Ga. 47 (provocation/evidence required for manslaughter)
Hendrix v. State, 298 Ga. 60 (noting Chandler exception no longer viable under new Evidence Code)