Stansell v. State, 510 S.E.2d 292 (Ga. 1998). · Go Syfert
Stansell v. State, 510 S.E.2d 292 (Ga. 1998). Cases Citing This Book View Copy Cite
“duty to acquit”
113 citation events (95 in the last 25 years) across 2 distinct courts.
Strongest positive: Lynn v. State (gactapp, 2001-08-09)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 45 distinct citers.
discussed Cited as authority (quoted) Lynn v. State (2×) also: Cited "see"
Ga. Ct. App. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
duty to acquit
cited Cited as authority (rule) Howard v. the State
Ga. Ct. App. · 2015 · confidence medium
See Rivers v. State, 296 Ga. 396, 404 (10) ( 768 SE2d 486 ) (2015); Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Andre Gordon v. State
Ga. Ct. App. · 2014 · confidence medium
Stansell v. State, 270 Ga. 147, 149-150 (2) ( 510 SE2d 292 ) (1998). (c) Gordon asserts that counsel was ineffective in failing to object to the trial court’s jury charge on rape.
cited Cited as authority (rule) Gordon v. State
Ga. Ct. App. · 2014 · confidence medium
Stansell v. State, 270 Ga. 147, 149-150 (2) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Billy Murrell v. State
Ga. Ct. App. · 2012 · confidence medium
Stansell v. State, 270 Ga. 147, 150-151 (4) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Murrell v. State
Ga. Ct. App. · 2012 · confidence medium
Stansell v. State, 270 Ga. 147, 150-151 (4) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Cheddersingh v. State
Ga. · 2012 · confidence medium
See Tillman v. Massey, 281 Ga. 291, 292-294 (1) ( 637 SE2d 720 ) (2006); Bruce v. Smith, 274 Ga. 432, 436 (3) ( 553 SE2d 808 ) (2001); Eckman v. State, 274 Ga. 63, 67-68 (3) (a) ( 548 SE2d 310 ) (2001); Stansell v. State, 270 Ga. 147, 150-151 (4) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2009 · confidence medium
Wight, Assistant District Attorney, for appellee. 1 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 2 Id. at 687-689 . 3 Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998) (citations and punctuation omitted). 4 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000) (citation omitted). 5 By the time of trial, K.
cited Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2009 · confidence medium
Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998) (citations and punctuation omitted).
discussed Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2009 · confidence medium
NOTES [1] Velazquez v. State, 282 Ga. 871, 877 (7), 655 S.E.2d 806 (2008) (citation omitted). [2] See id.; Buruca v. State, 278 Ga.App. 650, 653 (2), 629 S.E.2d 438 (2006). [3] Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [4] Id. at 687-689 , 104 S.Ct. 2052 . [5] Stansell v. State, 270 Ga. 147, 150 (2), 510 S.E.2d 292 (1998) (citations and punctuation omitted). [6] Suggs v. State, 272 Ga. 85, 88 (4), 526 S.E.2d 347 (2000) (citation omitted). [7] Wall v. State, 269 Ga. 506, 509 (2), 500 S.E.2d 904 (1998) (citations omitted); see also Goins v. State, 257 …
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Johnson, P. J., concur. 1 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 2 Jones v. State, 236 Ga. App. 330, 332 (1) (b) ( 511 SE2d 883 ) (1999) (citation and punctuation omitted). 3 Williams v. State, 251 Ga. 749, 784 (4) ( 312 SE2d 40 ) (1984). 4 Wells v. State, 237 Ga. App. 109, 113 (4) ( 514 SE2d 245 ) (1999). 5 Mangham v. State, 234 Ga. App. 567, 569 (1) ( 507 SE2d 806 ) (1998). 6 See Jones, supra. 7 See Lampkin v. State, 277 Ga. App. 237, 239 ( 626 SE2d 199 ) (2006) (state must demonstrate sufficient connection or similarity between independent offense and c…
discussed Cited as authority (rule) King v. State
Ga. Ct. App. · 2008 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Martinez v. State, 278 Ga. App. 500 ( 629 SE2d 485 ) (2006) (citations omitted). 2 OCGA § 16-7-23 (a) (2), (3). 3 OCGA § 24-4-6. 4 Jordan v. State, 281 Ga. App. 419, 423 (1) ( 636 SE2d 151 ) (2006). 5 Id. (citation and punctuation omitted). 6 See Giles v. State, 211 Ga. App. 594, 595 (1) ( 440 SE2d 48 ) (1993). 7 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781,61 LE2d 560) (1979); see also Giles, supra; Collins v. State, 201 Ga. App. 433, 434 (1) ( 411 SE2d 341 ) (1991). 8 Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (4th ed.), § 1.34…
discussed Cited as authority (rule) Ingram v. State
Ga. Ct. App. · 2006 · confidence medium
State, 229 Ga. App. 532,533 ( 494 SE2d 309 ) (1997). 11 Barker, supra. 12 Id. 13 See, e.g., Boseman, supra. 14 Barker, supra at 531-532 ; Boseman, supra at 733 (1) (e). 15 Barker, supra at 532 . 16 Id. (footnote omitted). 17 Id. 18 Id. at 533 (citations omitted). 19 See Johnson v. State, 268 Ga. 416, 418 (2) ( 490 SE2d 91 ) (1997); see also Boseman, supra at 733 (1) (d) (anxiety and concern are always present to some extent; absent some unusual showing, this factor is not likely to be determinative in defendant’s favor). 20 Jernigan, supra at 67 . 21 See Jernigan, supra at 68 ; see also Thom…
cited Cited as authority (rule) In the Interest of K. B. T.
Ga. Ct. App. · 2006 · confidence medium
Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Washington v. State
Ga. · 2003 · confidence medium
Stansell v. State, 270 Ga. 147, 149 (2), 510 S.E.2d 292 (1998).
cited Cited as authority (rule) Washington v. State
Ga. · 2003 · confidence medium
Stansell v. State, 270 Ga. 147, 149 (2) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Washington v. State
Ga. · 2003 · confidence medium
Stansell v. State, 270 Ga. 147, 149 (2) ( 510 SE2d 292 ) (1998).
cited Cited as authority (rule) Daniels v. State
Ga. · 2003 · confidence medium
Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 2.
discussed Cited as authority (rule) Talbot v. State
Ga. Ct. App. · 2003 · confidence medium
We ask only whether some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial. . . . [W]e are not interested in grading lawyers’ performances; we are interested in whether the adversarial process at trial, in fact, worked adequately.” (Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Evans v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 Mashburn v. State, 244 Ga. App. 524, 526 (1) ( 536 SE2d 208 ) (2000). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see Mashburn, supra. 3 See Morrow v. State, 272 Ga. 691, 700 (8) ( 532 SE2d 78 ) (2000); Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 4 See Stansell, supra. 5 Wall v. State, 269 Ga. 506, 509 (2) ( 500 SE2d 904 ) (1998). 6 Id. 7 Bishop v. State, 271 Ga. 291, 292 (3) ( 519 SE2d 206 ) (1999). 8 Id. 9 Hyde v. State, 189 Ga. App. 727, 729 (1) ( 377 SE2d 187 ) (1988). 10 See generally Prather v. State, 275 Ga. 268, 270 (3) ( 564 SE2…
discussed Cited as authority (rule) Shadron v. State
Ga. · 2002 · confidence medium
However, where, as here, there is no request for a charge on the State’s burden to disprove the defense and the trial court charged “the jury on the elements of the defense of accident, the presumption of innocence, the burden of proof in general, criminal intent, and the burden to prove the elements of the crimes alleged in the indictment,” the trial court did not err in failing to give an additional charge on the State’s burden to disprove the defense of accident beyond a reasonable doubt. [Cit.] Stansell v. State, 270 Ga. 147, 149 (2) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Boyd v. State
Ga. · 2002 · confidence medium
We ask only whether some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial. [W]e are not interested in grading lawyers’ performances; we are interested in whether the adversarial process at trial, in fact, worked adequately.” [Cit.] Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Geiger v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 Smith v. State, 237 Ga. App. 616 -617 (1) ( 516 SE2d 319 ) (1999). 2 Id. at 617 (1). 3 See Eichelberger v. State, 252 Ga. App. 801 ( 557 SE2d 439 ) (2001). 4 See Higgins v. State, 251 Ga. App. 175, 176 (1) ( 554 SE2d 212 ) (2001). 5 Walker v. State, 271 Ga. 328, 329 (2) ( 519 SE2d 670 ) (1999). 6 Sanborn v. State, 251 Ga. 169, 170 (3) ( 304 SE2d 377 ) (1983). 7 Mitchum v. State, 274 Ga. 75, 76 (2) ( 548 SE2d 286 ) (2001). 8 Gordon v. State, 273 Ga. 373, 379 (4) (f) ( 541 SE2d 376 ) (2001). 9 Ross v. State, 231 Ga. App. 793, 795 (1) ( 499 SE2d 642 ) (1998). 10 (Cit…
discussed Cited as authority (rule) Bixby v. State
Ga. Ct. App. · 2002 · confidence medium
M., 241 Ga. App. 805, 808 (2) ( 527 SE2d 633 ) (2000). 3 Compare Brown v. State, 206 Ga. App. 800, 801 ( 427 SE2d 9 ) (1992). 4 Court of Appeals Rule 27 (c) (3) (i); Mann v. State, 244 Ga. App. 756, 761 (9) ( 536 SE2d 608 ) (2000). 5 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 6 Id. at 687-689 . 7 (Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998). 8 Whitner v. State, 202 Ga. App. 608, 609 ( 415 SE2d 52 ) (1992). 9 42 CFR § 430.0 . 10 42 CFR § 431.10 . 11 OCGA §§ 49-4-142; 49-4-143. 12 OCGA § 49-4-146.1 (b) (2). 13 OCGA…
discussed Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2002 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 Newman v. State, 233 Ga. App. 794 (1) ( 504 SE2d 476 ) (1998). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Newman, supra. 3 Supra. 4 The parties stipulated to the admission of both statements without Thomas’s sister-in-law’s testimony. 5 OCGA § 16-8-2. 6 See generally Havron v. State, 234 Ga. App. 413, 414 (1) ( 506 SE2d 421 ) (1998) (witness credibility is for the jury to determine). 7 OCGA § 16-7-1. 8 OCGA § 16-11-37 (a). 9 Id. 10 (Citations and punctuation omitted.) Scott v. State, 225 Ga. App. 729, 732 (3) ( 484 SE2d 780 ) (1997). 11 Id.…
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2002 · confidence medium
Reed, Assistant District Attorney, for appellee. 1 Newman v. State, 233 Ga. App. 794 (1) ( 504 SE2d 476 ) (1998). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Newman, supra. 3 Supra. 4 See Smith v. State, 246 Ga. App. 191, 192 (1) ( 539 SE2d 881 ) (2000). 5 OCGA § 24-4-8. 6 Samuels v. State, 223 Ga. App. 275 (1) ( 477 SE2d 414 ) (1996). 7 Id. at 276 . 8 See Smith, supra. 9 Wells v. State, 243 Ga. App. 629, 631 (3) ( 534 SE2d 106 ) (2000). 10 Scott v. State, 193 Ga. App. 577, 578 (2) ( 388 SE2d 416 ) (1989). 11 (Citation and punctuation omitted.) Wilson v. State, 220 Ga. App. 487, 488 (1)…
discussed Cited as authority (rule) Kilpatrick v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 2 Earnest v. State, 262 Ga. 494, 496 (5) ( 422 SE2d 188 ) (1992), citing Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); see Adkinson v. State, 245 Ga. App. 178, 179 (3) ( 537 SE2d 474 ) (2000) (burden on defendant). 3 (Citations and punctuation omitted.) Earnest, supra, 262 Ga. at 496 (5). 4 Stephens v. State, 265 Ga. 120, 122 (2) ( 453 SE2d 443 ) (1995); Adkinson, supra, 245 Ga. App. at 179 (3); Teat v. State, 237 Ga. App. 867, 869 (2) ( 516 SE2d 794 ) (1…
cited Cited as authority (rule) Stinson v. State
Ga. · 2001 · confidence medium
Stansell v. State, 270 Ga. 147, 148 (2) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Himmel v. State
Ga. Ct. App. · 2000 · confidence medium
J., and Smith, P. J., concur. 1 USCR 31.1, 31.3. 2 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991); USCR 31.3 (B). 3 Riddle v. State, 208 Ga. App. 8, 11 (1) (b) ( 430 SE2d 153 ) (1993). 4 White v. State, 213 Ga. App. 429, 431 (1) ( 445 SE2d 309 ) (1994). 5 Id. 6 Supra. 7 White, supra. 8 Id. 9 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 10 Id. at 687-689 . 11 (Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998). 12 Whitner v. State, 202 Ga. App. 608, 609 ( 415 SE2d 52 ) (1992). 13 Kinney v. State, 234 Ga. Ap…
cited Cited as authority (rule) Bullard v. State
Ga. Ct. App. · 2000 · confidence medium
Stansell v. State, 270 Ga. 147, 151 ( 510 SE2d 292 ) (1998). 7.
cited Cited as authority (rule) Jordan v. State
Ga. Ct. App. · 1999 · confidence medium
(Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998).
discussed Cited as authority (rule) Hardy v. State
Ga. Ct. App. · 1999 · confidence medium
The test for reasonable attorney performance is “ ‘whether some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial. . . .’” (Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998).
discussed Cited "see" LUMPKIN v. THE STATE (Two Cases) (2×)
Ga. · 2020 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 13 footnote 1, above.
discussed Cited "see" Floyd v. State (2×)
Ga. · 2020 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 16 evidence.” (Citation and punctuation omitted.) Brown v. State, 302 Ga. 454, 456 (1) (b) ( 807 SE2d 369 ) (2017).
discussed Cited "see" Dupree v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998).
discussed Cited "see" Dupree v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Stansell v. State , 270 Ga. 147 , 148 (1), 510 S.E.2d 292 (1998).
discussed Cited "see" Rivers v. State (2×)
Ga. · 2015 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998) (applying Jackson v. Virginia standard of review to denial of motion for directed verdict of acquittal). *405 11.
discussed Cited "see" Rivers v. State (2×)
Ga. · 2015 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) 16 (1998) (applying Jackson v. Virginia standard of review to denial of motion for directed verdict of acquittal). 11.
discussed Cited "see" Ruffin v. State (2×)
Ga. · 2008 · signal: see · confidence high
See generally Stansell v. State, 270 Ga. 147 (4) ( 510 SE2d 292 ) (1998) (court must review charge as whole). 4.
discussed Cited "see" Hill v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 149-150 (2) ( 510 SE2d 292 ) (1998). (b) Division 4 above vacates those portions of Hill’s sentence relevant to his claim of ineffective assistance.
cited Cited "see" Thornton v. State
Ga. · 2005 · signal: see · confidence high
See Division 3, supra. Accordingly, the trial court did not err when it failed to find ineffective assistance of counsel in this regard.
discussed Cited "see" Headspeth v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Stansell v. State, 270 Ga. 147, 150-151 (4) ( 510 SE2d 292 ) (1998).
discussed Cited "see, e.g." Xiong v. State (2×)
Ga. Ct. App. · 2009 · signal: see also · confidence medium
See also Stansell v. State, 270 Ga. 147, 150-151 ( 510 SE2d 292 ) (1998) (no error found where court did not address concept of reasonable doubt in portions of the charge relating to each specific offense).
discussed Cited "see, e.g." Keith v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence medium
J., and Smith, R J., concur. 1 S. P.’s mother also testified that Keith is S. P.’s father. 2 McKay v. State, 234 Ga. App. 556, 559 (2) ( 507 SE2d 484 ) (1998). 3 Id. 4 See id. 5 Wright v. State, 277 Ga. 810, 811 ( 596 SE2d 587 ) (2004); Sanders v. State, 258 Ga. App. 16, 19 (2) ( 572 SE2d 712 ) (2002). 6 See Wright, supra. 7 See id. 8 Hash v. State, 248 Ga. App. 456, 457 (1) ( 546 SE2d 833 ) (2001). 9 Neal v. State, 271 Ga. App. 283, 285 (1) ( 609 SE2d 204 ) (2005) (citation and punctuation omitted). 10 OCGA§ 16-6-4 (a). 11 Cantrell v. State, 231 Ga. App. 629, 630 ( 500 SE2d 386 ) (1998).…
discussed Cited "see, e.g." Palmer v. State (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
Johnson, P. J., and Smith, P. J., concur. 1 See OCGA §§ 16-3-26; 16-3-28. 2 (Citation omitted.) Bishop v. State, 271 Ga. 291 (2) ( 519 SE2d 206 ) (1999). 3 Id. 4 (Citation omitted.) Shearer v. State, 259 Ga. 51, 54 (12) ( 376 SE2d 194 ) (1989). 5 Griffith v. State, 169 Ga. App. 957 ( 315 SE2d 490 ) (1984). 6 Id.; see also Stansell v. State, 270 Ga. 147, 148-149 (2) ( 510 SE2d 292 ) (1998). 7 Jowers v. State, 244 Ga. App. 292, 293 (1) ( 535 SE2d 294 ) (2000). 8 Id. 9 Brinson v. State, 244 Ga. App. 40, 42 ( 537 SE2d 370 ) (2000). 10 See id. (evidence was sufficient to disprove coercion defense…
Stansell
v.
the State
S98A0975.
Supreme Court of Georgia.
Nov 16, 1998.
510 S.E.2d 292
Healy & Svoren, Timothy P. Healy, Nina M. Svoren, for appellant., Robert W. Lavender, District Attorney, J. David Duffy, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth L. Jaeger, Assistant Attorney General, for appellee.
Benham.
Cited by 53 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Georgia (1)
Benham, Chief Justice.

This appeal is from Scotty Lee Stansell’s conviction for malice murder arising from his fatal shooting of his wife Crystal. [1] The State put on evidence at trial which supported a finding of the following facts and events. The Stansells had been married for approximately two years and had a six-month-old child at the time of the shooting, but their marriage was troubled and they were considering divorce. On the Thursday before the shooting, which occurred in the early morning hours of a Sunday, Stansell threatened to beat his wife and told his wife’s sister that if his wife did not shut up or leave with her sister, he “might just kill her.” On Saturday, arguing with his wife and displeased about what she was going to wear to work, Stansell cut her shirt off with a knife. After she went to work that day, Stan-sell and Merritt, a friend with whom he planned to attend a concert, went to another friend’s home and left the couple’s child. Instead of going to the concert, Stansell and Merritt drove around drinking beer, stopping twice to speak with women. When Stansell went back to get his child, his wife was there. As they argued, he threatened to[*148] cut her clothes off her again. After the couple agreed to leave the child there overnight and went their separate ways, Stansell and Merritt continued to drive around some more, meeting and speaking to the victim briefly at a gas station. When Stansell and Merritt returned to Stansell’s home, Crystal Stansell was already there. The three talked for a while and Stansell told his wife about the women he had seen that night. When Merritt said he did not have a girlfriend, Crystal Stansell, who had previously dated Merritt, said she would be his girlfriend. Stansell then walked to a corner where a rifle was leaning against a wall and picked it up. Merritt saw him swinging the rifle back and forth between him and Crystal Stansell, looked down for a moment, then heard a shot. Stansell told Merritt he had shot his wife and sent Merritt for help. When Merritt returned, Stan-sell and a neighbor he had summoned were attempting to resuscitate the victim. Stansell asked Merritt to say that Stansell had not been drinking and that the shooting was an accident. Police officers at the scene noticed a smell of alcohol around Stansell. The bullet from the rifle entered Crystal Stansell’s left arm and went through her heart and lungs, killing her.

1. Stansell asserts that the trial court erred in denying his motion for directed verdict of acquittal and his motion for new trial on the general grounds. Since the evidence summarized above was sufficient to authorize a rational trier of fact to find Stansell guilty beyond a reasonable doubt of malice murder (Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Hooks v. State, 253 Ga. 141 (1) (317 SE2d 531) (1984)), there was no error in denying the motion for new trial, and since the same standard is applicable to the denial of a motion for directed verdict of acquittal (Humphrey v. State, 252 Ga. 525 (1) (314 SE2d 436) (1984)), there was no error in denying that motion.

2. In two enumerations of error, Stansell argues that reversible error occurred when the trial court failed to charge the jury on the State’s burden of disproving beyond a reasonable doubt the affirmative defense of accident, and contends that he received ineffective assistance of counsel when trial counsel withdrew a request to charge on that defense.

Based on Stansell’s testimony that the rifle fired accidentally while he was ensuring that it was unloaded, Stansell was entitled upon request to have the jury instructed on the defense of accident, including instruction that the State had the burden of disproving the defense of accident. Griffin v. State, 267 Ga. 586 (1) (481 SE2d 223) (1997). However, trial counsel specifically withdrew the request to charge on the state’s burden of disproving accident. Thus, the issue of whether the trial court erred in failing to charge on the burden placed on the State to disprove accident is to be decided using the[*149] standard applicable to cases, unlike Griffin, supra, in which there was no request for a charge on the State’s burden of disproving the defense of accident. Because the trial court charged “the jury on the elements of the defense of accident, the presumption of innocence, the burden of proof in general, criminal intent, and the burden to prove the elements of the crimes alleged in the indictment,” the trial court did not err in failing to give an additional charge on the State’s burden to disprove the defense of accident beyond a reasonable doubt. Ross v. State, 268 Ga. 122 (7) (485 SE2d 780) (1997).

However, Stansell raised on motion for new trial and raises now on appeal the question of whether trial counsel’s action in withdrawing the charge amounted to ineffective assistance of counsel. “In order to establish ineffectiveness of trial counsel under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), appellant must show both that counsel’s performance was deficient and that the deficient performance prejudiced the defense.” Stephens v. State, 265 Ga. 120 (2) (453 SE2d 443) (1995). “There is a strong presumption that the performance of trial counsel ‘falls within the wide range of reasonable professional assistance. . . .’ [Cit.]” Lowe v. State, 267 Ga. 410 (5) (478 SE2d 762) (1996). “The reasonableness of the conduct is viewed at the time of trial and under the circumstances of the case.” Berry v. State, 267 Ga. 476 (4) (480 SE2d 32) (1997). “[I]t is all too easy for a court, examining counsel’s defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable.” Strickland v. Washington, supra at 689.

Trial counsel testified at the motion-for-new-trial hearing that he withdrew the charge request as a tactical matter, hoping to avoid causing the State to attack the accident defense too vigorously in closing argument. Counsel testified that he felt at the time that the defense had done a good job of establishing the defense of accident, but he did not want the prosecuting attorney to emphasize to the jury the degree to which the State’s evidence negated the defense’s evidence of accident. Instead, counsel preferred that the State put its effort into peripheral issues. Counsel defended his tactical choice by noting that the prosecuting attorney had not, in fact, belabored the extent to which the State had refuted Stansell’s claim of accident, but had, as the defense had hoped, concentrated on peripheral issues. “Judicial review of counsel’s performance should be highly deferential with substantial latitude given trial counsel in deciding trial strategy.” Lakes v. State, 266 Ga. 389 (2) (467 SE2d 566) (1996). Considering trial counsel’s stated belief that the defense had been effective in presenting the accident defense and that Stansell’s best hope was to avoid having the prosecution focus its closing argument on refuting that defense in an effort to demonstrate that it had, indeed,[*150] met the high standard of care the jury charge would have required, we conclude that trial counsel’s actions cannot, under the circumstances of this trial, be deemed unreasonable.

The test for reasonable attorney performance “has nothing to do with what the best lawyers would have done. Nor is the test even what most good lawyers would have done. We ask only whether some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial ... we are not interested in grading lawyers’ performances; we are interested in whether the adversarial process at trial, in fact, worked adequately.” [Cit.]

Jefferson v. Zant, 263 Ga. 316 (3) (a) (431 SE2d 110) (1993). Although Stansell was entitled to the charge concerning the State’s burden to disprove the affirmative defense of accident, the decision to withdraw the charge did not amount to the deficient performance necessary to meet the Strickland standard for showing ineffective assistance of counsel.

3. In rebuttal of Stansell’s testimony on cross-examination that he had never threatened his wife’s life, the State put on the testimony of the victim’s sister who stated that Stansell told her days before the shooting that he would have to kill the victim if she did not shut her mouth or leave with the witness. Stansell argues that the testimony was inadmissible because there was no notice and hearing pursuant to Uniform Superior Court Rule (USCR) 31. That argument is unavailing since we held in Wall v. State, 269 Ga. 506 (2) (500 SE2d 904) (1998), that evidence of prior difficulties between the defendant and the victim are not subject to USCR 31. Likewise, testimony that Stansell told a witness that he had cut his wife’s clothes off with a knife was evidence of prior difficulties, admissible without a USCR 31.1 hearing. Wall, supra. Furthermore, since the testimony was offered on rebuttal to impeach Stansell’s testimony, it was not inadmissible for failure to follow USCR 31. King v. State, 264 Ga. 502 (2) (448 SE2d 362) (1994). That being so, trial counsel’s failure to object on that ground was not ineffective representation. Hayes v. State, 262 Ga. 881 (3) (c) (426 SE2d 886) (1993).

4. Stansell argues that the trial court’s instructions on malice murder and felony murder were erroneous because the instructions on each offense did not include a specific reminder that, as to that offense, the jury should acquit if the charge was not proven beyond a reasonable doubt. Our review of the jury charge does not support Stansell’s argument. Although the trial court did not, in the portions of the charge relating to the specific offenses, address the concept of reasonable doubt, that concept was explained fully in the course of[*151] the trial court’s jury charge. Reviewing the charge as a whole, as we must (Spearman v. State, 267 Ga. 600 (5) (481 SE2d 814) (1997)), we conclude that the trial court adequately and appropriately informed the jury of the presumption of innocence, of the State’s burden of proof, and of their duty to acquit in the event they did not find Stan-sell guilty beyond a reasonable doubt.

Decided November 16, 1998. Healy & Svoren, Timothy P. Healy, Nina M. Svoren, for appellant. Robert W. Lavender, District Attorney, J. David Duffy, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth L. Jaeger, Assistant Attorney General, for appellee.

Since we have found the charge adequate, Stansell’s alternative enumeration of error, that trial counsel was ineffective for failing to object to those specific charges or to reserve objections for appeal, is without merit. Berry v. State, supra, Division 4 (c).

Judgment affirmed.

All the Justices concur.
1

The shooting took place on November 24,1996, and Stansell was arrested and charged with murder on that date. An indictment returned on January 31, 1997, charged Stansell with malice murder, felony murder, and aggravated assault. After a trial conducted on July 28-30, 1997, a jury found Stansell guilty on all counts. The trial court sentenced Stansell to life imprisonment for malice murder, the felony murder charge stood vacated by operation of OCGA § 16-1-7, and the aggravated assault charge merged into the malice murder conviction. Stansell filed a motion for new trial on August 28, 1997, which was amended several times and was denied on January 27,1998. Pursuant to a notice of appeal filed February 11, 1998, the appeal was docketed in this Court on March 24,1998, and was submitted for decision following oral argument on June 8, 1998.