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Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas

Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel (IAC) claims. The court reversed the IAC grant and affirmed all other judgments.

Meders committed murder during an armed robbery. After sentencing, his direct appeal was affected by his counsel's sickness and subsequent death. He claimed IAC and, after granting him new counsel, the appellate court remanded to the trial court who determined that no IAC existed. Appellate review continued and judgment was affirmed.

Meders filed for habeas relief and his IAC claims were granted but his remaining claims were denied. Schofield appealed the IAC grant, arguing that his IAC claims were procedurally barred as previously litigated. Meders appealed arguing error for false testimony and hence improper jury instruction, for evidence that should have been suppressed, and for nondisclosure of requested documents.

The Supreme Court of Georgia held that the habeas court erred in granting the IAC claims without cause and prejudice showings to excuse the procedural default. The court further held that the remaining claims were either not directly appealed, objected to at trial, or already ruled on. See: Schofield v. Meders, 280 Ga. 865, 632 S.E.2d 369 (Ga. 2006),

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Related legal case

Schofield v. Meders