Abernathy motion in Georgia

2011For example, though Abernathy assails the decision not to have Abernathy testify — a decision that, we note, was ultimately Abernathy’s to make after receiving counsel’s advice on this issue, see, e.g., State v. Nejad, 286 Ga. 695 (1) ( 690 SE2d 846 ) (2010) — the defense made a reasonable *609 strategic decision to rely on Abernathy’s self-serving assertions of self-defense in the spontaneous custodial statements introduced by the State, thereby avoiding exposing Abernathy to a potentially bruising cross-examination. (c) Abernathy next contends that trial counsel rendered ineffective assistan

2011For example, though Abernathy assails the decision not to have Abernathy testify — a decision that, we note, was ultimately Abernathy’s to make after receiving counsel’s advice on this issue, see, e.g., State v. Nejad, 286 Ga. 695 (1) ( 690 SE2d 846 ) (2010) — the defense made a reasonable *609 strategic decision to rely on Abernathy’s self-serving assertions of self-defense in the spontaneous custodial statements introduced by the State, thereby avoiding exposing Abernathy to a potentially bruising cross-examination. (c) Abernathy next contends that trial counsel rendered ineffective assistan

2010Thereafter, “[t]he motorist may request an administrative hearing to challenge the suspension.” (Footnote omitted.) Id. 2 In light of our disposition in this case, Abernathy’s motion to supplement the record and motion to dismiss the appeal are denied as moot. 3 Appellants’ counsel stated that he also served subpoenas on the arresting officers. 4 The record shows that Santasiero withdrew his request for an ALS hearing by reaching an agreement with the arresting officer, such that “[i]n exchange for the arresting officer’s withdrawal of [Form 1205], Santasiero shall enter a plea of guilty to .