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HUNSTEIN, Presiding Justice, concurring.
While I concur fully in the judgment, I write in regard to Division 2 (a) (addressing Wells’s claim that trial counsel were ineffective for failing to locate or call certain witnesses) to reiterate the necessity that a defendant comply with this Court’s holding in Dickens v. State, 280 Ga. 320 (2) (627 SE2d 587) (2006), i.e., adduce either the direct testimony of the missing witness or a legally acceptable substitute for that testimony, to support the required showing of prejudice in this type of ineffectiveness claim.
Document Info
Docket Number: S06A1488
Citation Numbers: 637 S.E.2d 8, 281 Ga. 253, 2006 Fulton County D. Rep. 3196, 2006 Ga. LEXIS 823
Judges: Carley, Hunstein
Filed Date: 10/16/2006
Precedential Status: Precedential
Modified Date: 10/19/2024