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Taylor v. Metoyer

The habeas court properly granted the defendant's habeas petition based on his claim of ineffective assistance of appellate counsel following his convictions on numerous counts of armed robbery and related offenses.

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In May 1999, a jury convicted Shaun Metoyer of numerous counts of armed robbery and related offenses, after which he was sentenced to consecutive life sentences. The Court of Appeals affirmed Metoyer’s convictions and sentences. See Metoyer v. State, 282 Ga. App. 810 640 SE2d 345 2006. Metoyer subsequently filed a habeas petition in which he argued, among other things, that he received ineffective assistance of appellate counsel. The habeas court agreed with Metoyer and granted his petition; the Warden now appeals. We agree that Metoyer received ineffective assistance of appellate counsel and affirm the judgment of the habeas court.1

1. Because resolution of the issues before us is fact dependent, a summary of Metoyer’s trial, appeal, and habeas proceedings is necessary.

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