Luckie v. BerryAnnotate this Case
Patrick Luckie petitioned for habeas relief from his 2005 convictions for unlawfully possessing heroin with intent to distribute and for abandoning a controlled substance in a public place. The judge at Luckie’s criminal trial denied his motion to preclude the State from asking defense witness Gerald Hurst about Hurst’s pending charge of unlawfully possessing heroin with intent to distribute. Luckie had new counsel on appeal, who argued that the trial court abused its discretion in allowing the cross-examination, because Hurst’s heroin charge did not show any relationship between Hurst and Luckie that might provide a motive for Hurst to shade his testimony in Luckie’s favor. The Court of Appeals affirmed, holding that Luckie failed to preserve this argument for appellate review by not objecting on this ground at trial. Luckie later filed a habeas petition, alleging among other things that his appellate counsel was constitutionally ineffective in failing to claim on appeal that his trial counsel were constitutionally ineffective in not objecting on this ground at trial. The Georgia Supreme Court concluded Luckie failed to show the prejudice necessary to prevail on this claim of ineffective assistance of appellate counsel. Accordingly, the Supreme Court affirmed the habeas court’s judgment denying relief.