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STATE v. BUTLER

S17A0891.

804 S.E.2d 414 (2017)

The STATE, v. BUTLER.

Supreme Court of Georgia.

Decided: August 28, 2017.

Attorney(s) appearing for the Case

Joseph J. Drolet , 960 Waverly Way NE, Atlanta, Georgia 30307, Paul L. Howard , Jr., District Attorney, Arthur C. Walton , A.D.A., FULTON COUNTY DISTRICT ATTORNEY'S OFFICE, 136 Pryor Street, S.W., 4th Floor, David K. Getachew-Smith , Sr., Chief A.D.A., FULTON COUNTY DISTRICT ATTORNEY'S OFFICE, 136 Pryor Street, S.W., 3rd Floor, Lyndsey Hurst Rudder , Deputy D.A., FULTON COUNTY DISTRICT ATTORNEY'S OFFICE, 126 Pryor Street, SW, Atlanta, Georgia 30303, Christopher M. Carr , Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, for Appellant.

DeCarlos Bobby Butler , GDC# 1000471250, 2129 Martin Luther King Jr. Drive, Apartment B-7, Atlanta, Georgia 30310, for Appellee.

The State appeals from the trial court's order granting the petition of DeCarlos Bobby Butler for a writ of habeas corpus on the ground that he received ineffective assistance of plea counsel. The habeas court erred in granting Butler's petition, because his allegations of ineffective assistance were procedurally barred by not having...

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