Supreme Court of Georgia

Hawkins v. State

September 23, 2019306 Ga. 809

Summary

The court affirmed Hawkins’s convictions except for the conviction and sentence for criminal attempt to commit armed robbery, which merged into the felony-murder conviction and was vacated. It rejected Hawkins’s ineffective-assistance claim because, even assuming counsel performed deficiently by failing to challenge the cellphone evidence, the evidence was cumulative and did not prejudice him. The court also held that any error concerning the timeliness of the third amended motion for new trial was harmless and that no second evidentiary hearing was required because the record conclusively showed no prejudice.