decision about defense (Georgia) · Go Syfert
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decision about defense in Georgia

26 Georgia opinions name it 2 courts 1998–2026 13 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (21)

CaseFollowedCited
Hendrix v. Stategreen
ga · 2015 · cited in 8 Georgia opinions naming this issue, 2018–2026
2 sentences

2026“An attorney’s decision about which defense to present is a question of trial strategy.” Hendrix v. State, 298 Ga. 60, 62 (2015) (citation and punctuation omitted).

2020See Hendrix v. State, 298 Ga. 60, 62 (2) (a) ( 779 SE2d 322 ) (2015) (“An attorney’s decision about which defense to present is a question of trial strategy.”) (citation omitted).

88
Brooks v. Stategreen
ga · 2020 · cited in 3 Georgia opinions naming this issue, 2024–2026
2 sentences

2026“An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” Brooks v. State, 309 Ga. 630, 637 (2020) (citation and punctuation omitted).

2024See Sullivan v. State, 308 Ga. 508, 511 (2) (a) (842 SE2d 5) (2020) (“A decision as to which defense witnesses to call is a matter 28 of counsel’s trial strategy and tactics and will not support a claim of ineffective assistance of counsel unless it is so unreasonable that no competent attorney would have made the decision under the circum- stances.” (cleaned up)); Brooks v. State, 309 Ga. 630, 637 (2) (847 SE2d 555) (2020) (“An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasona- ble, does not constitute ineffective assistance of

33
Smith v. Stategreen
ga · 2017 · cited in 3 Georgia opinions naming this issue, 2018–2026
2 sentences

2026See, e.g., Seals v. State, 350 Ga. App. 787 , 796–97(3)(a) ( 830 SE2d 315 ) (2019) (“An attorney’s decision about which defense to present is a question of trial strategy, and more specifically, pursuit of an ‘all or nothing’ defense generally is a permissible trial strategy.” (citation modified)); Smith v. State, 301 Ga. 348, 353 (III)(b) ( 801 SE2d 18 ) (2017) (“Decisions about which jury charges to request are classic matters of trial strategy.” (citation modified)).

2026See, e.g., Seals v. State, 350 Ga. App. 787 , 796–97(3)(a) ( 830 SE2d 315 ) (2019) (“An attorney’s decision about which defense to present is a question of trial strategy, and more specifically, pursuit of an ‘all or nothing’ defense generally is a permissible trial strategy.” (citation modified)); Smith v. State, 301 Ga. 348, 353 (III)(b) ( 801 SE2d 18 ) (2017) (“Decisions about which jury charges to request are classic matters of trial strategy.” (citation modified)).

33
Sullivan v. Stategreen
ga · 2020 · cited in 3 Georgia opinions naming this issue, 2022–2025
2 sentences

2025Of 15 course, an attorney’s decision about which defense witnesses to call is a classic matter of trial strategy and will not form the basis for an ineffectiveness claim “unless it is so unreasonable that no competent attorney would have made th[at] decision under the circumstances.” Sullivan v. State, 308 Ga. 508, 511 (2020) (citation and punctuation omitted).

2024See Sullivan v. State, 308 Ga. 508, 511 (2) (a) (842 SE2d 5) (2020) (“A decision as to which defense witnesses to call is a matter 28 of counsel’s trial strategy and tactics and will not support a claim of ineffective assistance of counsel unless it is so unreasonable that no competent attorney would have made the decision under the circum- stances.” (cleaned up)); Brooks v. State, 309 Ga. 630, 637 (2) (847 SE2d 555) (2020) (“An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasona- ble, does not constitute ineffective assistance of

33
Anthony v. Stategreen
ga · 2021 · cited in 2 Georgia opinions naming this issue, 2022–2025
2 sentences

2025“An attorney’s decision about which defense to present is a question of trial strategy.” Anthony v. State, 311 Ga. 293, 298 (2021) (citation and punctuation omitted).

2022“An attorney’s decision about which defense to present is a question of trial strategy,” and “unless the choice of strategy is objectively unreasonable, such that no competent trial counsel would have pursued such a course, we will not second-guess counsel’s decisions in this regard.” Anthony v. State, 311 Ga. 293, 298 (857 SE2d 682) (2021) (citation and punctuation omitted). 24 Moreover, “[a]n attorney’s decision about which defense to present is a question of trial strategy and will generally be considered reasonable if supported by evidence in the record.” Wilson v. State, Case No. S22A0005

22
Wells v. Stategreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018More specifically, “[p]ursuit of an ‘all or nothing’ defense [generally] is a permissible trial strategy.” Smith v. State, 301 Ga. 348, 353 (III) (b) ( 801 SE2d 18 ) (2017). “[T]he decision not to request a jury charge on a lesser included offense in order to pursue an ‘all-or-nothing’ defense is a matter of trial strategy.” Wells v. State, 295 Ga. 161, 166 (2) (b) ( 758 SE2d 598 ) (2014) (citation and punctuation omitted).

2018More specifically, “[p]ursuit of an ‘all or nothing’ defense [generally] is a permissible trial strategy.” Smith v. State, 301 Ga. 348, 353 (III) (b) ( 801 SE2d 18 ) (2017). “[T]he decision not to request a jury charge on a lesser included offense in order to pursue an ‘all-or-nothing’ defense is a matter of trial strategy.” Wells v. State, 295 Ga. 161, 166 (2) (b) ( 758 SE2d 598 ) (2014) (citation and punctuation omitted).

22
SEALS v. the STATE.green
gactapp · 2019 · cited in 1 Georgia opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., Seals v. State, 350 Ga. App. 787 , 796–97(3)(a) ( 830 SE2d 315 ) (2019) (“An attorney’s decision about which defense to present is a question of trial strategy, and more specifically, pursuit of an ‘all or nothing’ defense generally is a permissible trial strategy.” (citation modified)); Smith v. State, 301 Ga. 348, 353 (III)(b) ( 801 SE2d 18 ) (2017) (“Decisions about which jury charges to request are classic matters of trial strategy.” (citation modified)).

2026See, e.g., Seals v. State, 350 Ga. App. 787 , 796–97(3)(a) ( 830 SE2d 315 ) (2019) (“An attorney’s decision about which defense to present is a question of trial strategy, and more specifically, pursuit of an ‘all or nothing’ defense generally is a permissible trial strategy.” (citation modified)); Smith v. State, 301 Ga. 348, 353 (III)(b) ( 801 SE2d 18 ) (2017) (“Decisions about which jury charges to request are classic matters of trial strategy.” (citation modified)).

11
Lanier v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Lanier v. State, 310 Ga. 520, 525 (3) (a) (852 SE2d 509) (2020) (identifying no deficiency in counsel’s failure to present defense theories that counsel did not find viable given the evidence); Brooks v. State, 309 Ga. 630, 637 (2) (847 SE2d 555) (2020) (“An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (citation and punctuation omitted)). (c) Next, Bowman claims that counsel was ineffective for failing to find and use at trial six photos that police took of Bowm

2024See Lanier v. State, 310 Ga. 520, 525 (3) (a) (852 SE2d 509) (2020) (identifying no deficiency in counsel’s failure to present defense theories that counsel did not find viable given the evidence); Brooks v. State, 309 Ga. 630, 637 (2) (847 SE2d 555) (2020) (“An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (citation and punctuation omitted)). (c) Next, Bowman claims that counsel was ineffective for failing to find and use at trial six photos that police took of Bowm

11
Lee v. Stategreen
ga · 2024 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See also Lee v. 49 State, 318 Ga. 412, 423 ( 897 SE2d 856 ) (2024) (“‘An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.’”) (citation omitted).

2024See also Lee v. 49 State, 318 Ga. 412, 423 ( 897 SE2d 856 ) (2024) (“‘An attorney’s decision about which defense to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.’”) (citation omitted).

11
Blackwell v. Stategreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022More specifically, pursuit of an ‘all or nothing’ defense generally is a permissible trial strategy.” Blackwell, 302 Ga. at 824-825 (3) (citations and punctuation omitted).

11
Butler v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Accord Butler v. State, 313 Ga. 675, 684 (4) (b) (872 SE2d 722) (2022).

2022Accord Butler v. State, 313 Ga. 675, 684 (4) (b) (872 SE2d 722) (2022).

11
Wilson v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022“An attorney’s decision about which defense to present is a question of trial strategy,” and “unless the choice of strategy is objectively unreasonable, such that no competent trial counsel would have pursued such a course, we will not second-guess counsel’s decisions in this regard.” Anthony v. State, 311 Ga. 293, 298 (857 SE2d 682) (2021) (citation and punctuation omitted). 24 Moreover, “[a]n attorney’s decision about which defense to present is a question of trial strategy and will generally be considered reasonable if supported by evidence in the record.” Wilson v. State, Case No. S22A0005

2022Moreover, “[a]n attorney’s decision about which defense to present is a question of trial strategy and will generally be considered reasonable if supported by evidence in the record.” Wilson v. State, 313 Ga. 319, 323 ( 869 SE2d 384 ) (2022).

11
Hills v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021“An attorney’s decision about which defense to present is a question of trial strategy.” Hills v. State, 306 Ga. 800, 807 (833 SE2d 515) (2019) (citation and punctuation omitted).

2021“An attorney’s decision about which defense to present is a question of trial strategy.” Hills v. State, 306 Ga. 800, 807 ( 833 SE2d 515 ) (2019) (citation and punctuation omitted).

11
Bryant v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020(Citation and punctuationomitted.) Bryant v. State, 306 Ga. 687, 697 (2) (c) ( 832 SE2d 826 ) (2019).

11
Swanson v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

11
Mann v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

11
Benham v. Stategreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

11
Coleman v. Stategreen
ga · 2009 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

2020In the cases cited by Brooks, the appellants either owned and were driving the vehicle involved, as in Swanson, 306 Ga. at 153 (1), and Benham v. State, 277 Ga. 516, 516 ( 591 SE2d 824 ) (2004), or, like Gay, were operating the vehicle with the permission and in the presence of the owner, as in Coleman v. State, 286 Ga. 291, 298 (6) (a) ( 687 SE2d 427 ) (2009). to present is a question of trial strategy, and trial strategy, if reasonable, does not constitute ineffective assistance of counsel.” (Citation and punctuation omitted.) Mann v. State, 307 Ga. 696, 705 (3) (a) ( 838 SE2d 305 ) (2020).

11
Hampton v. Stategreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019“Generally, a matter of reasonable trial strategy and tactics does not constitute ineffective assistance of counsel[,]” and, “hindsight has no place in an assessment of the performance of trial counsel.” Hampton v. State, 295 Ga. 665, 670 (2) ( 763 SE2d 467 ) (2014) (citations and punctuation omitted).

2019“Generally, a matter of reasonable trial strategy and tactics does not constitute ineffective assistance of counsel[,]” and, “hindsight has no place in an assessment of the performance of trial counsel.” Hampton v. State, 295 Ga. 665, 670 (2) ( 763 SE2d 467 ) (2014) (citations and punctuation omitted).

11
Washington v. Stategreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015“An attorney’s decision about which defense to present is a question of trial strategy.” Washington v. State, 276 Ga. 655, 659 (3) (b) ( 581 SE2d 518 ) (2003).

2015“An attorney’s decision about which defense to present is a question of trial strategy.” Washington v. State, 276 Ga. 655, 659 (3) (b) ( 581 SE2d 518 ) (2003).

11
Mize v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Mize v. State, 269 Ga. 646, 656 ( 501 SE2d 219 ) (1998).

2011Mize v. State, 269 Ga. 646, 656 ( 501 SE2d 219 ) (1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Brown v. State green
gactapp · 1999
2 sentences

2003Brown v. State, 237 Ga. App. 231 (2) ( 517 SE2d 529 ) (1999). (c) Appellant testified he gave trial counsel the names of several persons who could testify to appellant’s good character in an effort to generate reasonable doubt.

2003Brown v. State, 237 Ga. App. 231 (2) ( 517 SE2d 529 ) (1999). (c) Appellant testified he gave trial counsel the names of several persons who could testify to appellant’s good character in an effort to generate reasonable doubt.

32003–2003
Morrison v. State green
ga · 1988
2 sentences

1998Morrison v. State, 258 Ga. 683 (3) ( 373 SE2d 506 ) (1988). “[W]here a properly-informed, competent defendant insists that he prefers a death sentence to life imprisonment, his attorney does not violate any right of the defendant by attempting ‘to comply with his client’s wishes.’ ” Morrison, supra. Ethical Consideration 7-8 states, in part: In the final analysis, however, the lawyer should always remember that the decision whether to forego legally available objectives or methods because of nonlegal factors is ultimately for the client and not for himself.

1998Morrison v. State, 258 Ga. 683 (3) ( 373 SE2d 506 ) (1988). “[W]here a properly-informed, competent defendant insists that he prefers a death sentence to life imprisonment, his attorney does not violate any right of the defendant by attempting ‘to comply with his client’s wishes.’ ” Morrison, supra. Ethical Consideration 7-8 states, in part: In the final analysis, however, the lawyer should always remember that the decision whether to forego legally available objectives or methods because of nonlegal factors is ultimately for the client and not for himself.

11998–1998

Statutes the citing opinions construe

GA § 16-13-30 (4) GA § 16-2-20 (3) GA § 16-5-1 (3) GA § 17-8-58 (3) GA § 24-14-6 (3) GA § 24-4-403 (3) GA § 24-4-404 (3) GA § 5-5-40 (3) GA § 5-6-35 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 26 (1998–2026) OH 7 (1982–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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