deficiency prejudiced defense in Georgia

2011The two-prong test for determining the validity of a claim of ineffective assistance of counsel provided in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), asks whether counsel’s performance was deficient and, if so, whether this deficiency prejudiced the defense; that is, whether there is a reasonable probability that the outcome of the proceedings would have been different, but for counsel’s deficiency. *349 (Citation, punctuation and footnotes omitted.) Bruce v. State, 252 Ga. App. 494, 498 (2) ( 555 SE2d 819 ) (2001).

2011The two-prong test for determining the validity of a claim of ineffective assistance of counsel provided in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), asks whether counsel’s performance was deficient and, if so, whether this deficiency prejudiced the defense; that is, whether there is a reasonable probability that the outcome of the proceedings would have been different, but for counsel’s deficiency. *349 (Citation, punctuation and footnotes omitted.) Bruce v. State, 252 Ga. App. 494, 498 (2) ( 555 SE2d 819 ) (2001).

2022This enumeration fails. (a) To prevail on this claim of constitutionally ineffective assistance of counsel, Appellant must show “both that his trial counsel’s performance was deficient and that this deficiency prejudiced his defense.” Merritt v. State, 310 Ga. 433, 435 (2) (851 SE2d 555) (2020) (citing Strickland v. Washington, 466 U.S. 668, 687 (104 SCt 2052, 80 LE2d 674) (1984)).

2022This enumeration fails. (a) To prevail on this claim of constitutionally ineffective assistance of counsel, Appellant must show “both that his trial counsel’s performance was deficient and that this deficiency prejudiced his defense.” Merritt v. State, 310 Ga. 433, 435 (2) (851 SE2d 555) (2020) (citing Strickland v. Washington, 466 U.S. 668, 687 (104 SCt 2052, 80 LE2d 674) (1984)).

2005See Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Smith v. Francis, 253 Ga. 782, 783 ( 325 SE2d 362 ) (1985).

2005See Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Smith v. Francis, 253 Ga. 782, 783 ( 325 SE2d 362 ) (1985).

1998Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Brown v. State, 257 Ga. 277, 278 (2) ( 357 SE2d 590 ) (1987).

1998Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Brown v. State, 257 Ga. 277, 278 (2) ( 357 SE2d 590 ) (1987).

1989“To prove he has received ineffective assistance of counsel, ‘(t)he defendant must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.’ Brogdon v. State, 255 Ga. 64, 67 ( 335 SE2d 383 ) (1985); Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). ‘Thus counsel’s performance will not be found to be deficient if it falls within the range of “reasonably effective assistance.” ’ Brogdon, supra at 68 .” Williams v. State, 257 Ga. 311, 312 (2) ( 357 SE2d 578 ) (1987).

1989“To prove he has received ineffective assistance of counsel, ‘(t)he defendant must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.’ Brogdon v. State, 255 Ga. 64, 67 ( 335 SE2d 383 ) (1985); Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). ‘Thus counsel’s performance will not be found to be deficient if it falls within the range of “reasonably effective assistance.” ’ Brogdon, supra at 68 .” Williams v. State, 257 Ga. 311, 312 (2) ( 357 SE2d 578 ) (1987).

2011Jones v. State, 289 Ga. App. 219, 222 (2) ( 656 SE2d 556 ) (2008). (a) Dickerson contends his trial counsel was ineffective for failing to file a motion to suppress the evidence found during the execution of the search warrant.

2011Jones v. State, 289 Ga. App. 219, 222 (2) ( 656 SE2d 556 ) (2008). (a) Dickerson contends his trial counsel was ineffective for failing to file a motion to suppress the evidence found during the execution of the search warrant.

2004In this regard, Mealor complains that trial counsel (a) failed to object to evidence of a mock "Christmas gift" from C.M. to her boyfriend, which was left by Mealor at C.M.'s grandparents' home; (b) failed to object to the testimony of witnesses who testified as to statements made by C.M. about the abuse; (c) failed to object when witnesses testified as to C.M.'s veracity; (d) failed to file a motion to sever on his behalf; (e) called Mealor's son to testify about the mock "Christmas gift" and referred to the gift and Mealor as "warped"; and, (f) failed to reserve objection to the court's char

2004In this regard, Mealor complains that trial counsel (a) failed to object to evidence of a mock "Christmas gift" from C.M. to her boyfriend, which was left by Mealor at C.M.'s grandparents' home; (b) failed to object to the testimony of witnesses who testified as to statements made by C.M. about the abuse; (c) failed to object when witnesses testified as to C.M.'s veracity; (d) failed to file a motion to sever on his behalf; (e) called Mealor's son to testify about the mock "Christmas gift" and referred to the gift and Mealor as "warped"; and, (f) failed to reserve objection to the court's char

1999Under the holding in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), there is a two-pronged test for determining the validity of a claim of ineffective assistance of counsel: whether (1) counsel’s performance was deficient; and whether (2) this deficiency prejudiced the defense (there is a reasonable possibility that the outcome of the proceedings would have been different, but for counsel’s deficiency). [Cit.] Thompson v. State, 188 Ga. App. 508, 509 ( 373 SE2d 292 ) (1988). (a) Parks charges his trial counsel with ineffectiveness in failing to cross-examine Toni Ma

1999Under the holding in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), there is a two-pronged test for determining the validity of a claim of ineffective assistance of counsel: whether (1) counsel’s performance was deficient; and whether (2) this deficiency prejudiced the defense (there is a reasonable possibility that the outcome of the proceedings would have been different, but for counsel’s deficiency). [Cit.] Thompson v. State, 188 Ga. App. 508, 509 ( 373 SE2d 292 ) (1988). (a) Parks charges his trial counsel with ineffectiveness in failing to cross-examine Toni Ma

2009Under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), “[i]n order to prevail on a claim of ineffective assistance of trial counsel, the defendant must show that counsel’s performance was deficient and also that the deficiency prejudiced his defense .... [Cits.]” Brewer v. State, 280 Ga. 18, 20 (3) ( 622 SE2d 348 ) (2005). “ ‘On appeal, this Court accepts the trial court’s findings of fact, unless they are clearly erroneous.

2009Under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), “[i]n order to prevail on a claim of ineffective assistance of trial counsel, the defendant must show that counsel’s performance was deficient and also that the deficiency prejudiced his defense .... [Cits.]” Brewer v. State, 280 Ga. 18, 20 (3) ( 622 SE2d 348 ) (2005). “ ‘On appeal, this Court accepts the trial court’s findings of fact, unless they are clearly erroneous.

2006“To prove he has received ineffective assistance of counsel, [Jackson] must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.” (Citations and punctuation omitted.) Spivey v. State, 193 Ga. App. 127, 130 (3) ( 386 SE2d 868 ) (1989).

2006“To prove he has received ineffective assistance of counsel, [Jackson] must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.” (Citations and punctuation omitted.) Spivey v. State, 193 Ga. App. 127, 130 (3) ( 386 SE2d 868 ) (1989).

2004See Elrod v. State, 222 Ga. App. 704, 707 (3) ( 475 SE2d 710 ) (1996).” Quinn v. State, 255 Ga. App. 744, 748 (566 SE2d *670 450) (2002).

2004See Elrod v. State, 222 Ga. App. 704, 707 (3) ( 475 SE2d 710 ) (1996).” Quinn v. State, 255 Ga. App. 744, 748 (566 SE2d *670 450) (2002).

2003In determining whether a defendant received ineffective assistance of counsel, the appellate courts apply “the two-prong test set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), under which the convicted defendant is required to show both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” (Citation omitted.) Carr v. State, 275 Ga. 185, 187 (5) ( 563 SE2d 850 ) (2002).

2003In determining whether a defendant received ineffective assistance of counsel, the appellate courts apply “the two-prong test set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), under which the convicted defendant is required to show both that counsel’s performance was deficient and that the deficiency prejudiced the defense.” (Citation omitted.) Carr v. State, 275 Ga. 185, 187 (5) ( 563 SE2d 850 ) (2002).

1993“To establish ineffective assistance of counsel, ‘ “(t)he defendant must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.” (Cits.)’ Williams v. State, 257 *496 Ga. 311, 312 (2) ( 357 SE2d 578 ) (1987).” Lee v. State, 199 Ga. App. 246, 247 (3) ( 404 SE2d 598 ) (1991). (a) Defendant argues the testimony of the State’s witnesses was inconsistent and that trial counsel’s failure to use these contradictory statements to impeach the testimony of the witnesses denied him his right to cross-examine and confront the witnesses offered against him at tri

1991To establish ineffective assistance of counsel, “ ‘(t)he defendant must show both that counsel’s performance was deficient and that this deficiency prejudiced the defense.’ [Cits.]” Williams v. State, 257 Ga. 311, 312 (2) ( 357 SE2d 578 ) (1987).

2025Smith v. State, 315 Ga. 357, 365 (2022) (citing Strickland v. Washington, 466 US 668, 687 (1984)).

2025Smith v. State, 315 Ga. 357, 365 (2022) (citing Strickland v. Washington, 466 US 668, 687 (1984)).

2014(Citation omitted.) Miller v. State, 271 Ga. App. 524, 525-526 (3) ( 610 SE2d 156 ) (2005).

2014(Citation omitted.) Miller v. State, 271 Ga. App. 524, 525-526 (3) ( 610 SE2d 156 ) (2005).

2012Hinton v. State, 290 Ga. App. 479, 481 (2) ( 659 SE2d 841 ) (2008). (a) The State filed notice of its intent to present evidence that Murrell had previously pled guilty to kidnapping, rape, and aggravated sodomy.

2012Hinton v. State, 290 Ga. App. 479, 481 (2) ( 659 SE2d 841 ) (2008). (a) The State filed notice of its intent to present evidence that Murrell had previously pled guilty to kidnapping, rape, and aggravated sodomy.

2011See Flemming v. State, 301 Ga. App. 711, 712 (2) ( 688 SE2d 653 ) (2009).

2011See Flemming v. State, 301 Ga. App. 711, 712 (2) ( 688 SE2d 653 ) (2009).

2010However, even if we assume that counsel was deficient, Devega has failed to show that this deficiency prejudiced his defense. “ ‘[I]t is not enough to show merely that counsel unreasonably failed to inquire into his mental state — he must show a [reasonable probability] that such an evaluation would have affected the outcome at trial.’ [Cit.]” Haygood v. State, 289 Ga. App. 187, 193 (2) (a) ( 656 SE2d 541 ) (2008).

2010However, even if we assume that counsel was deficient, Devega has failed to show that this deficiency prejudiced his defense. “ ‘[I]t is not enough to show merely that counsel unreasonably failed to inquire into his mental state — he must show a [reasonable probability] that such an evaluation would have affected the outcome at trial.’ [Cit.]” Haygood v. State, 289 Ga. App. 187, 193 (2) (a) ( 656 SE2d 541 ) (2008).

2010See Payne v. State, 273 Ga. App. 483, 485 (2) ( 615 SE2d 564 ) (2005); Guzman v. State, 260 Ga. App. 689, 693 ( 580 SE2d 654 ) (2003).

2010See Payne v. State, 273 Ga. App. 483, 485 (2) ( 615 SE2d 564 ) (2005); Guzman v. State, 260 Ga. App. 689, 693 ( 580 SE2d 654 ) (2003).

2008Redman v. State, 281 Ga. App. 605, 606 (3) ( 636 SE2d 680 ) (2006).

2008Redman v. State, 281 Ga. App. 605, 606 (3) ( 636 SE2d 680 ) (2006).

2006Vanholten v. State, 271 Ga. App. 782, 783 (2) ( 610 SE2d 555 ) (2005).

2006Vanholten v. State, 271 Ga. App. 782, 783 (2) ( 610 SE2d 555 ) (2005).

2003To prevail on this claim, under the standard of Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), “he must show that his attorney’s performance was deficient and that the deficiency prejudiced the defense. [Cit.]” Doctor v. State, 275 Ga. 612, 614 (5) ( 571 SE2d 347 ) (2002).

2003To prevail on this claim, under the standard of Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), “he must show that his attorney’s performance was deficient and that the deficiency prejudiced the defense. [Cit.]” Doctor v. State, 275 Ga. 612, 614 (5) ( 571 SE2d 347 ) (2002).

2006See Chapman v. State, 273 Ga. 348, 349 (2) ( 541 SE2d 634 ) (2001).

2006See Chapman v. State, 273 Ga. 348, 349 (2) ( 541 SE2d 634 ) (2001).

2021To establish ineffective assistance of appellate counsel, “the petitioner bears the burden of showing that appellate counsel was deficient in failing to raise an issue on appeal and that the deficiency prejudiced the defense.” Humphrey v. Lewis, 291 Ga. 202, 210 (IV) (728 SE2d 603) (2012) (citation and punctuation omitted), overruled on other grounds by State v. Lane, 308 Ga. 10 (838 SE2d 808) (2020). 13 See also Strickland, 466 U. S. at 687 (III).

2021To establish ineffective assistance of appellate counsel, “the petitioner bears the burden of showing that appellate counsel was deficient in failing to raise an issue on appeal and that the deficiency prejudiced the defense.” Humphrey v. Lewis, 291 Ga. 202, 210 (IV) (728 SE2d 603) (2012) (citation and punctuation omitted), overruled on other grounds by State v. Lane, 308 Ga. 10 (838 SE2d 808) (2020). 13 See also Strickland, 466 U. S. at 687 (III).

2010See Payne v. State, 273 Ga. App. 483, 485 (2) ( 615 SE2d 564 ) (2005); Guzman v. State, 260 Ga. App. 689, 693 ( 580 SE2d 654 ) (2003).

2010See Payne v. State, 273 Ga. App. 483, 485 (2) ( 615 SE2d 564 ) (2005); Guzman v. State, 260 Ga. App. 689, 693 ( 580 SE2d 654 ) (2003).