ineffective assistance claim in Georgia

2025See Strickland v. Washington, 466 U.S. 668, 687 (104 SCt 2052, 80 LE2d 674) (1984). “[T]here is no reason for a court deciding an ineffective assistance claim to address both components of the inquiry if the defendant makes an insufficient showing on one.” Id. at 697.

2025See Strickland v. Washington, 466 U.S. 668, 687 (104 SCt 2052, 80 LE2d 674) (1984). “[T]here is no reason for a court deciding an ineffective assistance claim to address both components of the inquiry if the defendant makes an insufficient showing on one.” Id. at 697.

2008Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).

2008Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).

2023See Strickland, 466 U. S. at 697 (IV) (noting that a court need not address counsel’s performance if an ineffective assistance claim can be denied based on a lack of prejudice alone); Lajara v. State, 263 Ga. 438, 440-441 (3) (435 SE2d 600) (1993) (same).

2023See Strickland, 466 U. S. at 697 (IV) (noting that a court need not address counsel’s performance if an ineffective assistance claim can be denied based on a lack of prejudice alone); Lajara v. State, 263 Ga. 438, 440-441 (3) (435 SE2d 600) (1993) (same).

2012J., and Dillard, J., concur. 17 See Hendricks v. State, 290 Ga. 238, 241-242 (4) (b) ( 719 SE2d 466 ) (2011); Goodwin v. Cruz-Padillo, 265 Ga. 614, 615-616 ( 458 SE2d 623 ) (1995). 18 See Hendricks, supra; Crawford v. State, 314 Ga. App. 796, 799 (7) (a) ( 726 SE2d 58 ) (2012) (trial counsel’s failure to call an expert witness on weapons was a tactical and strategic decision that could not form the basis for an ineffective assistance claim, where trial counsel testified at the motion for new trial hearing that he considered bringing in a weapons expert and spoke with different experts but did

2012J., and Dillard, J., concur. 17 See Hendricks v. State, 290 Ga. 238, 241-242 (4) (b) ( 719 SE2d 466 ) (2011); Goodwin v. Cruz-Padillo, 265 Ga. 614, 615-616 ( 458 SE2d 623 ) (1995). 18 See Hendricks, supra; Crawford v. State, 314 Ga. App. 796, 799 (7) (a) ( 726 SE2d 58 ) (2012) (trial counsel’s failure to call an expert witness on weapons was a tactical and strategic decision that could not form the basis for an ineffective assistance claim, where trial counsel testified at the motion for new trial hearing that he considered bringing in a weapons expert and spoke with different experts but did

2014When reviewing an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations omitted.) Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000).

2014When reviewing an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations omitted.) Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000).

2022See Hulett v. State, 296 Ga. 49, 60 (5) ( 766 SE2d 1 ) (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court’s factual findings unless clearly erroneous but independently apply the law to those facts); see also Strickland v. Washington, 466 U. S. 668, 698 (IV) ( 104 SCt 2052 , 80 LE2d 674) (1984). 7 We note that, as we concluded in Division 3 of this opinion, had Kamusoko been charged with and convicted of both attempt to commit an armed robbery and hijacking a motor vehicle with respect to his actions against Ellison, the trial court would

2022See Hulett v. State, 296 Ga. 49, 60 (5) ( 766 SE2d 1 ) (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court’s factual findings unless clearly erroneous but independently apply the law to those facts); see also Strickland v. Washington, 466 U. S. 668, 698 (IV) ( 104 SCt 2052 , 80 LE2d 674) (1984). 7 We note that, as we concluded in Division 3 of this opinion, had Kamusoko been charged with and convicted of both attempt to commit an armed robbery and hijacking a motor vehicle with respect to his actions against Ellison, the trial court would

2014Finally, this Court reviews a trial court’s ruling on an ineffective assistance claim on appeal by “accept [ing] the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citation and punctuation omitted.) Robinson v. State, 277 Ga. at 76 .

2014See Robinson v. State, 277 Ga. at 75-76 (regarding the prejudice prong of an ineffective assistance claim).

2015Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

2015Goodwin v. Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995); Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991).

2014In reviewing a trial court’s ruling on an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations and punctuation omitted.) Holloman v. State, 293 Ga. 151, 154 (4) ( 744 SE2d 59 ) (2013). “[Djecisions of when and how to raise objections are generally matters of trial strategy[.]” (Footnote omitted.) Holmes v. State, 271 Ga. App. 122, 124 (3) ( 608 SE2d 726 ) (2004).

2014In reviewing a trial court’s ruling on an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations and punctuation omitted.) Holloman v. State, 293 Ga. 151, 154 (4) ( 744 SE2d 59 ) (2013). “[Djecisions of when and how to raise objections are generally matters of trial strategy[.]” (Footnote omitted.) Holmes v. State, 271 Ga. App. 122, 124 (3) ( 608 SE2d 726 ) (2004).

2012Miller v. State, 285 Ga. 285, 285-287 ( 676 SE2d 173 ) (2009).

2012Miller v. State, 285 Ga. 285, 285-287 ( 676 SE2d 173 ) (2009).

2022See Robinson v. State, 298 Ga. 455, 463 (6) ( 782 SE2d 657 ) (2016) (the defendant bears the burden of proof on both prongs of an ineffective-assistance claim — if he fails to establish either prong, a reviewing court need not examine the other); Perry v. State, 269 Ga. App. 178, 180-181 (1) ( 603 SE2d 526 ) (2004) (no ineffective assistance of counsel where plea counsel made late request for mental evaluation and the trial court declined to do so, because the record evidence did not put counsel on notice of the need for an in-depth investigation of the defendant’s medical history). (b) Willia

2022See Robinson v. State, 298 Ga. 455, 463 (6) ( 782 SE2d 657 ) (2016) (the defendant bears the burden of proof on both prongs of an ineffective-assistance claim — if he fails to establish either prong, a reviewing court need not examine the other); Perry v. State, 269 Ga. App. 178, 180-181 (1) ( 603 SE2d 526 ) (2004) (no ineffective assistance of counsel where plea counsel made late request for mental evaluation and the trial court declined to do so, because the record evidence did not put counsel on notice of the need for an in-depth investigation of the defendant’s medical history). (b) Willia

2021Even if we assume that trial counsel performed deficiently by failing to object to the texts contained in the cell phone, “the test for prejudice in the ineffective assistance analysis is equivalent to the test for harm in plain error review.” Roberts v. State, 305 Ga. 257, 265 (5) (a) (824 SE2d 326) (2019) (citation and punctuation omitted). 13 Accordingly, Griffin’s claim of ineffective assistance fails. 4.

2021Even if we assume that trial counsel performed deficiently by failing to object to the texts contained in the cell phone, “the test for prejudice in the ineffective assistance analysis is equivalent to the test for harm in plain error review.” Roberts v. State, 305 Ga. 257, 265 (5) (a) (824 SE2d 326) (2019) (citation and punctuation omitted). 13 Accordingly, Griffin’s claim of ineffective assistance fails. 4.

2005Smith v. Francis, 253 Ga. 782 (1) ( 325 SE2d 362 ) (1985) (addressing the prejudice required in an ineffective assistance claim).

2005Smith v. Francis, 253 Ga. 782 (1) ( 325 SE2d 362 ) (1985) (addressing the prejudice required in an ineffective assistance claim).

2025See Reddick v. State, 321 Ga. 73, 85 (3) (b) (911 SE2d 638) (2025) (“[C]ounsel cannot be deemed deficient for failing to make a meritless objection.”). (b) Appellant’s counsel was not ineffective for failing to request an accomplice-corroboration instruction because Appellant cannot show that he was prejudiced by any deficiency of trial counsel. “[T]he test for prejudice in the ineffective assistance analysis is equivalent to the test for harm in plain error review.” Knighton v. State, 310 Ga. 586, 597 (2) (c) (853 SE2d 89) (2020) (citation and punctuation omitted).

2025See Reddick v. State, 321 Ga. 73, 85 (3) (b) (911 SE2d 638) (2025) (“[C]ounsel cannot be deemed deficient for failing to make a meritless objection.”). (b) Appellant’s counsel was not ineffective for failing to request an accomplice-corroboration instruction because Appellant cannot show that he was prejudiced by any deficiency of trial counsel. “[T]he test for prejudice in the ineffective assistance analysis is equivalent to the test for harm in plain error review.” Knighton v. State, 310 Ga. 586, 597 (2) (c) (853 SE2d 89) (2020) (citation and punctuation omitted).

2019See Humphrey v. Morrow, 289 9 Ga. 864 , 866 (II) ( 717 SE2d 168 ) (2011) (explaining that this Court adopts the habeas court’s factual findings unless they are clearly erroneous but applies the facts to the law de novo in determining whether trial counsel performed deficiently and whether any deficiency was prejudicial).

2017See also Strickland, 466 U. S. at 695 (“In making [the prejudice] determination, a court hearing an [ineffective assistance] claim must consider the totality of the evidence before the judge or jury.”); Humphrey v. Morrow, 289 Ga. 864, 870 ( 717 SE2d 168 ) (2011) (explaining that when the court assesses the effect of evidence that was not presented to the jury at trial due to defense counsel’s deficient performance . . . “our assessment of how a jury *385 might have reacted to the additional evidence is an assessment of the legal question of prejudice, which we perform de novo”).

2014See Henry v. State, 279 Ga. 615, 617 (3) ( 619 SE2d 609 ) (2005) (“Failure to make a meritless objection cannot be evidence of ineffective assistance.”) (citations and punctuation omitted).

2014See Henry v. State, 279 Ga. 615, 617 (3) ( 619 SE2d 609 ) (2005) (“Failure to make a meritless objection cannot be evidence of ineffective assistance.”) (citations and punctuation omitted).

2009However, “when the issue can be decided from the record on appeal, a remand to the trial court for a ruling on this issue would be ‘wasteful of judicial and legal resources’ and ‘would serve no useful purpose.’ ” (Citations omitted.) Forsman v. State, 239 Ga. App. 612, 615 (8) ( 521 SE2d 410 ) (1999).

2009However, “when the issue can be decided from the record on appeal, a remand to the trial court for a ruling on this issue would be ‘wasteful of judicial and legal resources’ and ‘would serve no useful purpose.’ ” (Citations omitted.) Forsman v. State, 239 Ga. App. 612, 615 (8) ( 521 SE2d 410 ) (1999).

2019"Generally, counsel's decision as to which theory of defense to pursue is considered strategic and cannot serve as the basis for an ineffective assistance claim." Jackson v. State , 306 Ga. App. 33 , 39 (2), 701 S.E.2d 481 (2010) (citation and punctuation omitted).

2019"Generally, counsel's decision as to which theory of defense to pursue is considered strategic and cannot serve as the basis for an ineffective assistance claim." Jackson v. State , 306 Ga. App. 33 , 39 (2), 701 S.E.2d 481 (2010) (citation and punctuation omitted).

2014“Indeed, tactical decisions by counsel will not form the basis for an ineffective assistance claim unless the decisions are so patently unreasonable that no competent attorney would have chosen them.” Ware v. State, 321 Ga. App. 640, 642 (3) ( 742 SE2d 156 ) (2013). (a) Introduction of Copeland’s Character.

2014“Indeed, tactical decisions by counsel will not form the basis for an ineffective assistance claim unless the decisions are so patently unreasonable that no competent attorney would have chosen them.” Ware v. State, 321 Ga. App. 640, 642 (3) ( 742 SE2d 156 ) (2013). (a) Introduction of Copeland’s Character.

2023See Young v. State, 305 Ga. 92, 97 (5) ( 823 SE2d 774 ) (2019) (“The failure to make a meritless objection cannot serve as a ground for an ineffective assistance claim.”). 2 Swanson was tried in 2021.

2023See Young v. State, 305 Ga. 92, 97 (5) ( 823 SE2d 774 ) (2019) (“The failure to make a meritless objection cannot serve as a ground for an ineffective assistance claim.”). 2 Swanson was tried in 2021.

2023See Sullivan v. State, 301 Ga. 37, 40 (2) (799 SE2d 163) (2017). (a) Jones first contends that his counsel rendered ineffective assistance by agreeing to the stipulation about Zachary Wallace’s account of Drewery’s encounter with Joshua Booth.

2023See Sullivan v. State, 301 Ga. 37, 40 (2) (799 SE2d 163) (2017). (a) Jones first contends that his counsel rendered ineffective assistance by agreeing to the stipulation about Zachary Wallace’s account of Drewery’s encounter with Joshua Booth.

2021We disagree. “[W]hen a criminal defendant seeks to withdraw a guilty plea on the ground of ineffective assistance of counsel, the ineffective assistance claim must be evaluated 2 under the two-prong test set forth in Strickland v. Washington[, 466 U. S. 668, 687 (III) ( 104 SCt 2052 , 80 LE2d 674) (1984)].” Alexander v. State, 297 Ga. 59, 64 ( 772 SE2d 655 ) (2015).

2021We disagree. “[W]hen a criminal defendant seeks to withdraw a guilty plea on the ground of ineffective assistance of counsel, the ineffective assistance claim must be evaluated 2 under the two-prong test set forth in Strickland v. Washington[, 466 U. S. 668, 687 (III) ( 104 SCt 2052 , 80 LE2d 674) (1984)].” Alexander v. State, 297 Ga. 59, 64 ( 772 SE2d 655 ) (2015).

2019Ivey's first claim of ineffective assistance therefore fails. (b) Ivey next claims that counsel provided ineffective assistance by failing to object when the prosecutor improperly shifted the burden of proof to Ivey by arguing in closing that, "if there was something that Michael Simmons or Flora Weathers could have stated that would have contributed to the defendant's self-defense claim, they have subpoena powers." 3 Ivey, however, "did not *248 raise this ineffective assistance claim when [ ]he was represented by new counsel in h[is] motion for new trial and the trial court did not rule on i

2019Ivey's first claim of ineffective assistance therefore fails. (b) Ivey next claims that counsel provided ineffective assistance by failing to object when the prosecutor improperly shifted the burden of proof to Ivey by arguing in closing that, "if there was something that Michael Simmons or Flora Weathers could have stated that would have contributed to the defendant's self-defense claim, they have subpoena powers." 3 Ivey, however, "did not *248 raise this ineffective assistance claim when [ ]he was represented by new counsel in h[is] motion for new trial and the trial court did not rule on i

2025“In reviewing a trial court’s ruling on an ineffective-assistance claim, we accept the trial court’s factual findings and credibility determinations unless they are clearly erroneous, but we independently apply the relevant legal principles to the facts.” Copeland v. State, 316 Ga. 452, 457 (3) ( 888 SE2d 517 ) (2023).

2025“In reviewing a trial court’s ruling on an ineffective-assistance claim, we accept the trial court’s factual findings and credibility determinations unless they are clearly erroneous, but we independently apply the relevant legal principles to the facts.” Copeland v. State, 316 Ga. 452, 457 (3) ( 888 SE2d 517 ) (2023).

2023See Smith v. State, 296 Ga. 731, 733 (2) (770 SE2d 610) (2015).

2019Id. (a) Moore argues that trial counsel was ineffective in failing to move for a mistrial or otherwise object when the State told the jury during its opening statement that it would “hear from other female victims of Willie Moore” who have “been ruled admissible.” Moore argues that trial counsel should have objected because the prosecutor’s statement improperly “gave that evidence the judge’s seal of approval.” But “[t]he failure to make a meritless objection cannot serve as a ground for an ineffective assistance claim.” Young v. State, 305 Ga. 92, 97 (5) ( 823 SE2d 774 ) (2019).

2021See Cowart, 294 Ga. at 338 (3) (trial court’s failure to address an ineffective assistance claim in ruling on a motion for new trial indicated that the court did not view the claim to be a part of the motion).

2021See generally Cowart v. State, 294 Ga. 333, 338 (3) ( 751 SE2d 399 ) (2013) (trial court’s failure to address an ineffective assistance claim in ruling on a motion for new trial indicated that the court did not view the claim to be a part of the motion).

2021See also Davis v. Turpin, 273 Ga. 244, 248 (539 SE2d 129) (2000) (“Counsel prosecuting an ineffective assistance claim must be free to operate independently of the attorney whose performance is in question.”).

2021See also Davis v. Turpin, 273 Ga. 244, 248 (539 SE2d 129) (2000) (“Counsel prosecuting an ineffective assistance claim must be free to operate independently of the attorney whose performance is in question.”).