Warren v. Georgia
Annotate this CaseBrandon Warren was convicted by jury of malice murder and other offenses in connection with killing Samuel Poss and hiding his body. On appeal, Warren contended that his trial counsel gave ineffective assistance for failing to object when the prosecutor argued during closing that the State’s burden of proof “beyond a reasonable doubt” did not require “mathematical certainty” like “95 percent [or] 85 percent,” and for failing to give Warren adequate advice about the risks of testifying. The Georgia Supreme Court concluded Warren did not establish a reasonable likelihood that the outcome of his trial would have been different if his counsel had objected to the prosecutor’s remark, given the strong evidence against him. "And he has not shown that trial counsel’s advice to Warren about his right to testify, which included explaining the pros and cons of testifying and telling him the decision was his to make, fell outside the wide range of reasonable professional conduct." So the Court affirmed Warren’s convictions.
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