Gibbs v. the State.

Summary

The Supreme Court of Georgia affirmed the trial court’s denial of Gibbs’s motion for new trial, holding that his ineffective‑assistance claim failed because he showed neither deficient performance nor prejudice, and that the Court of Appeals erred in finding he waived the claim by not raising it at the new‑trial hearing. The Court also disapproved of the appellate court’s reliance on Patel for a waiver rule.