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Baskin v. State

267 Ga. App. 711 (Ga. Ct. App. 2004)
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Baskin v. State

13 Citing cases

  1. Jones v. State

    289 Ga. App. 219 (Ga. Ct. App. 2008)   Cited 19 times
    Concluding that the defendant abandoned his challenge to the sufficiency of the evidence as to counts for which he provided no argument or citation to legal authority

    By failing to do so, Jones cannot show prejudice, "i.e., that the use of the conviction would have made a difference in the outcome of his trial." Baskin v. State, 267 Ga. App. 711, 714 (1) (b) ( 600 SE2d 599) (2004). Additionally, the trial transcript reflects that the state specifically brought out during its examination of Mel that he had been arrested and charged as a result of the incident at issue.

  2. Brown v. Baskin

    286 Ga. 681 (Ga. 2010)   Cited 8 times
    Affirming state habeas corpus relief based on claim of ineffective assistance of appellate counsel

    Head's convictions were affirmed in Head v. State, 256 Ga. App. 624 ( 569 SE2d 548) (2002). Baskin's convictions were affirmed in Baskin v. State, 267 Ga. App. 711 ( 600 SE2d 599) (2004). Baskin subsequently sought a writ of habeas corpus, asserting ineffective assistance of appellate counsel.

  3. Riggins v. State

    279 Ga. 407 (Ga. 2005)   Cited 17 times
    Noting that eliciting a teacher's testimony that a student would lie when in trouble so as to divert responsibility from himself failed to follow proper procedure for impeaching student

    The record contains no testimony from the teacher at trial or at the hearing on the motion for new trial supporting the idea that the teacher would have given the testimony Riggins needed to impeach Jones. Without that testimony, Riggins cannot establish that Jones could have been impeached had trial counsel used the proper procedure and cannot, therefore, establish prejudice to his defense. Fuller v. State, 278 Ga. 812 (2) (d) ( 607 SE2d 581) (2005); Baskin v. State, 267 Ga. App. 711 (1) (b) ( 600 SE2d 599) (2004). Accordingly, his claim of ineffective assistance of counsel fails.

  4. Aburto v. State

    759 S.E.2d 276 (Ga. Ct. App. 2014)   Cited 2 times

    Id. (claim of ineffective assistance failed where appellant did not introduce certified copies of the prior convictions that he claims trial counsel should have obtained to impeach the witness) (citations omitted). See Baskin v. State, 267 Ga.App. 711, 714(1)(b), 600 S.E.2d 599 (2004) (finding that appellant's failure to produce certified copies of prior convictions which appellant contended trial counsel should have used for impeachment precluded a showing that appellant was prejudiced by trial counsel's alleged deficiencies).In light of the foregoing, the trial court did not err in rejecting Aburto's claim that he received ineffective assistance of trial counsel.

  5. Butler v. State

    319 Ga. App. 350 (Ga. Ct. App. 2012)   Cited 4 times

    See Trammell v. State, 262 Ga.App. 786, 787(2)(a), 586 S.E.2d 693 (2003) (trial court's determination that counsel did not fail to communicate plea bargain offer to appellant was a matter of credibility of witnesses, and we are not authorized to disturb it). The fact that Butler now regrets his decision to reject the state's negotiated plea offer and exercise his right to a jury trial affords no basis for relief. See Arnold, supra at 833, 728 S.E.2d 342; Baskin v. State, 267 Ga.App. 711, 713–714(1)(a), 600 S.E.2d 599 (2004).Judgment affirmed.

  6. Hubert v. State

    297 Ga. App. 71 (Ga. Ct. App. 2009)   Cited 12 times
    Upholding the trial court's qualification of police detective who had participated in two special training sessions in techniques for interviewing child victims of sexual abuse and who had conducted 50 such interviews

    Because Hubert failed to ask his trial counsel at the new trial hearing why he declined to otherwise move to exclude the state's evidence as a sanction under OCGA § 17-16-6, he has not overcome the presumption that his trial counsel acted within the range of reasonable, professional conduct. See Locher v. State, 293 Ga. App. 67, 71 (2) (b) ( 666 SE2d 468) (2008); Baskin v. State, 267 Ga. App. 711, 713 (1) (a) ( 600 SE2d 599) (2004). (b) Hubert next asserts that he was denied effective assistance of counsel because trial counsel failed to adequately investigate his case and to obtain witnesses favorable to the defense.

  7. Kilby v. State

    289 Ga. App. 457 (Ga. Ct. App. 2008)   Cited 11 times
    Treating the failure to produce certified copies of prior convictions that the defendant says trial counsel should have used for impeachment as a failure to make the required “ showing of prejudice, i.e., that the use of the conviction would have made a difference in the outcome of his trial” (punctuation omitted)

    Baskin v. State.Baskin v. State, 267 Ga. App. 711, 714 (1) (b) ( 600 SE2d 599) (2004). With regard to the allegation that trial counsel failed to interview the pastor who witnessed the victim's coming to his church to confront Kilby, trial counsel testified that she contacted each and every person identified to her by Kilby, including pastors and members of his church.

  8. Phillips v. State

    284 Ga. App. 224 (Ga. Ct. App. 2007)   Cited 22 times
    Affirming admission of videotaped interview of child victim into evidence and concluding that defendant's confrontation rights were not violated since the victim testified at trial

    Kendrick v. State, 269 Ga. App. 831, 836 (7) ( 605 SE2d 369) (2004).Baskin v. State, 267 Ga. App. 711, 714 (1) (d) ( 600 SE2d 599) (2004).Frazier v. State, 267 Ga. App. 682, 684 (2) ( 601 SE2d 145) (2004).

  9. Lawson v. State

    278 Ga. App. 852 (Ga. Ct. App. 2006)   Cited 10 times

    Blackburn, P.J., and Adams, J., concur.Baskin v. State, 267 Ga. App. 711, 716 (3) ( 600 SE2d 599) (2004). See also Leggon v. State, 249 Ga. App. 467, 471 (2) ( 549 SE2d 137) (2001) (defendant procedurally defaults when trial court asks for exceptions to charge and defendant fails either to object or to reserve exceptions).

  10. Jones v. State

    626 S.E.2d 142 (Ga. Ct. App. 2006)   Cited 4 times

    Sharpe, supra. Baskin v. State, 267 Ga. App. 711, 715 (2) ( 600 SE2d 599) (2004).Judgment affirmed.