This is an appeal by the warden from the grant of defendant Randall Brannen’s petition for writ of habeas corpus. The habeas court granted the writ on the basis that Brannen had ineffective assistance of counsel at his probation revocation and re-adjudication hearing due to what it characterized as counsel’s failure to investigate Brannen’s mental health condition. For the reasons that follow, we reverse the grant of the writ.
On August 23, 2006, Brannen entered into a negotiated agreement wherein he entered pleas to family violence battery, terroristic threats, and reckless conduct, and he was sentenced under the First Offender Act, OCGA § 42-8-60 et seq., to probated sentences of twelve months for each of the two misdemeanors and five years to be served on probation for terroristic threats. A revocation petition was brought based upon Brannen’s commission of new felonies involving reported violence against his mother. Following a hearing in the matter, in August 2007, Brannen’s first offender probation was revoked, he was adjudicated guilty of the crimes for which he had been given first offender treatment, and he was sentenced to serve five years in prison with credit for time served on probation. In July 2008, Brannen filed the present application for writ of habeas corpus, listing four grounds for relief, including his claim of the ineffective assistance of counsel at the probation revocation and re-adjudication hearing. Subsequently three of the grounds were *683 abandoned with only the ineffectiveness claim remaining. 1
The habeas court granted relief based upon its determinations that the attorney representing Brannen at the probation revocation and re-adjudiction proceeding was deficient for failing to investigate Brannen’s mental health history, 2 and that had counsel done so, Brannen “might have been found to be incompetent to stand trial, legally insane at the time of the crimes, or guilty but mentally ill”; the court concluded that Brannen had met his burden in showing a reasonable probability of a different outcome.
In this Court’s review of the grant of a petition for writ of habeas corpus, we are to accept the habeas court’s factual findings and credibility determinations unless they are clearly erroneous, but this Court is to independently apply the law to the facts.
Henderson v. Hames,
The habeas court found counsel’s deficiency to be the alleged failure to investigate Brannen’s mental health issues. In so doing, the habeas court relied upon
Martin v. Barrett,
Inasmuch as a defendant asserting that his or her counsel was ineffective must satisfy both elements of
Strickland,
if the defendant has made an insufficient showing as to one, this Court is not required to address the remaining component.
Walker v. Houston,
Simply, the habeas court’s finding of ineffectiveness is contrary to law; therefore, the grant of relief based upon the unsustainable determination must be reversed.
Judgment reversed.
Notes
In this habeas corpus proceeding, the validity of Brannen’s pleas to the crimes for which he was given first offender treatment is not at issue, nor is there any claim of the ineffectiveness of counsel in regard to those pleas.
The court found that even though Brannen had been on several psychotropic medications at various times throughout his life resulting from a diagnosis of bipolar disorder with psychotic features, had been hospitalized in mental health facilities, and that counsel was a long-time family friend with knowledge of Brannen’s mental health history, no expert had determined that Brannen was fit to stand trial.