Supreme Court of Georgia
Ford v. Tate (and Vice Versa)
October 31, 2019307 Ga. 383
Summary
The court reversed the habeas court’s vacation of Tate’s death sentences and reinstated those sentences, while affirming the denial of Tate’s cross-appeal claims. It held that Tate was competent and knowingly and unequivocally instructed counsel not to present mitigating evidence, so he could not establish prejudice from any alleged deficiencies in investigating or presenting mitigation; it also rejected his claims concerning his guilty plea, an interview by the trial judge’s acquaintance, and waiver of a sentencing jury. The opinion further held that the habeas court’s factual findings were supported by the record and that counsel’s sentencing-jury waiver advice was reasonable under the circumstances.