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UPTON v. JOHNSON

No. S07A1089.

652 S.E.2d 516 (2007)

UPTON v. JOHNSON.

Supreme Court of Georgia.

October 29, 2007.

Attorney(s) appearing for the Case

Steven Mark Rodham, The Womack Law Firm, P.C., Lafayette; Thurbert E. Baker, Atty. Gen., Paula Khristian Smith, Asst. Atty. Gen., Department of Law, Atlanta, for Appellant.

Rodney Samuel Zell, Zell & Zell, P.C., Atlanta, for Appellee.

BENHAM, Justice.

This appeal is from the grant of habeas corpus relief based on ineffective assistance of counsel, specifically on the failure to research double jeopardy issues and the provision of incorrect advice on that subject, leading to a guilty plea. James Johnson was indicted in Whitfield County for kidnapping, false imprisonment, criminal attempt to commit murder, and possession of tools for the commission of a crime. He was indicted three months later in...

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