Holt v. Ebinger
Annotate this CaseThis case arose from a January 2013 roadway altercation between George Ebinger and another motorist, Logan Lord, that came to a head in a shopping center parking lot. Lord claimed to have suffered injuries to his arms when Ebinger hit him with a shovel. Lord testified at trial that he initially held a knife at his side and then began to stab at Ebinger only after Ebinger began swinging at him with the shovel. Ebinger testified that Lord began attacking him with a knife as soon as he exited his vehicle and that he struck Lord with the shovel only to defend himself. Warden Ahmed Holt appealed the grant of habeas relief to Ebinger, who was tried in 2014 by jury and convicted of one count of aggravated assault. The habeas court granted relief on the basis of ineffective assistance of both trial and appellate counsel. The Warden argued the habeas court erred by improperly reaching the merits of the ineffective assistance of trial counsel claims and by finding that Ebinger was prejudiced by appellate counsel’s alleged deficiencies. The Georgia Supreme Court reversed because Ebinger’s failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted habeas relief.
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