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Jerome Burgess v. Phil Hall, Warden

Paid petition · Supreme Court of Georgia, No. S19A0041 · judgment April 15, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Georgia Supreme Court err in failing to find that Petitioner’s appellate counsel provided ineffective assistance by failing to argue on appeal that the State’s failure to disclose exculpatory evidence violated its obligation under Brady v. Maryland, 373 U.S. 83 (1963)?

  2. Did the Georgia Supreme Court err in failing to find that Petitioner’s appellate counsel provided ineffective assistance by failing to argue on appeal that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to crossexamine Petitioner’s codefendant about his plea of guilty but mentally retarded, his IQ test scores, and evidence that he had malingered during psychological testing related to his plea of incompetence?

Counsel of record

For petitioner
Brenda Joy Bernstein
The Bernstein Firm, P.C.

For respondent
Andrew Alan Pinson
Office of the Georgia Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 06 2019
    Waiver of right of respondent PHIL HALL to respond filed.
  4. Jul 15 2019
    Petition for a writ of certiorari filed. (Response due August 16, 2019)