Patel v. State , 278 Ga. 403 ( 2004 )

FLETCHEK, Chief Justice,

concurring.

I concur in the judgment, and with all of the majority opinion except Division 4. I write separately to emphasize that, because appellate counsel raised his ineffective assistance of trial counsel claim at the earliest practicable moment, he should be allowed to explore both the specific enumerations of ineffectiveness raised in his brief and any additional enumerations (such as trial counsel’s failure to raise the defense of habitation)⁵ at the ineffective assistance hearing.

Decided September 27, 2004. Smith, White, Sharma & Halpern, Laurence H. Margolis, for appellant. Jeffrey H. Brickman, District Attorney, Barbara B. Conroy, Assistant District Attorney, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.

I am authorized to state that Justice Hunstein joins in this concurrence.

5 OCGA § 16-3-23.