{"id":38399,"date":"2019-07-02T15:09:42","date_gmt":"2019-07-02T20:09:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38399"},"modified":"2019-07-03T07:28:58","modified_gmt":"2019-07-03T12:28:58","slug":"ga-no-iac-to-not-object-to-reference-to-sw-as-somehow-lowering-burden-of-proof-at-trial","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=38399","title":{"rendered":"GA: No IAC to not object to reference to SW as somehow lowering burden of proof at trial"},"content":{"rendered":"

It was not ineffective assistance of counsel to not object to a police reference to having obtained a search warrant as somehow lowering the state\u2019s burden of proof on guilt in the trial. Franklin v. State<\/a>, 2019 Ga. App. LEXIS 431 (July 1, 2019):
\n<\/p>\n

Franklin argues that her trial counsel was ineffective in failing either to object to the Georgia Bureau of Investigation agent’s testimony that she obtained a search warrant for Franklin’s property based on information obtained from A. F. or to request a jury charge explaining the lower standard of proof required to obtain a search warrant. She asserts that, as a result, “the jury was left to assume that because there was enough evidence to obtain a search warrant, there must be enough evidence already to say that [she] is guilty.”<\/p>\n

To show this constituted deficient performance, Franklin must show that no reasonable attorney would have allowed such testimony to go unchallenged or without a request for a clarifying jury charge. See Kennedy v. State, 304 Ga. 285, 289 (2) (818 SE2d 581) (2018). She has not met this burden; in fact, she offers no authority in support of this proposition. We find no error in the trial court’s determination that Franklin failed to show deficient performance.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

It was not ineffective assistance of counsel to not object to a police reference to having obtained a search warrant as somehow lowering the state\u2019s burden of proof on guilt in the trial. Franklin v. State, 2019 Ga. App. LEXIS … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-38399","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38399","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38399"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38399\/revisions"}],"predecessor-version":[{"id":38420,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38399\/revisions\/38420"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38399"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38399"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38399"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}