Slade v. State, 509 S.E.2d 618 (Ga. 1998). · Go Syfert
Slade v. State, 509 S.E.2d 618 (Ga. 1998). Cases Citing This Book View Copy Cite
147 citation events (130 in the last 25 years) across 2 distinct courts.
Strongest positive: TEZENO v. the STATE. (gactapp, 2017-10-31)
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discussed Cited as authority (rule) TEZENO v. the STATE.
Ga. Ct. App. · 2017 · confidence medium
As our Supreme Court has noted, and as we discussed in Division 2 (a), supra , "[i]n determining what constitutes ineffective assistance, a critical distinction is made between inadequate preparation and unwise choices of trial tactics and strategy." Slade , 270 Ga. at 307 (2), 509 S.E.2d 618 .
cited Cited as authority (rule) Kaye v. the State
Ga. Ct. App. · 2017 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998) (citations and punctuation omitted).
cited Cited as authority (rule) Dodd v. State
Ga. Ct. App. · 2013 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) William Dodd v. State
Ga. Ct. App. · 2013 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Davis v. State
Ga. · 2012 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998) (citations and punctuation omitted).
discussed Cited as authority (rule) Ferrell v. State
Ga. Ct. App. · 2011 · confidence medium
Thompson v. State, 286 Ga. 891, 892 (2) ( 692 SE2d 384 ) (2010). 28 See Brogdon v. State, 270 Ga. App. 568, 569 (2) ( 607 SE2d 199 ) (2004) (“The instructions in a criminal trial should be tailored to the indictment and adjusted to the evidence admitted in court”) (citation and punctuation omitted). 29 OCGA § 17-8-57 provides that “[i]t is error for any judge in any criminal case ... to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused.” 30 (Citation omitted.) Linson v. State, 287 Ga. 881, 883 (2) ( 700 SE2d 394 ) (2010). 31 (Citat…
discussed Cited as authority (rule) Sledge v. State
Ga. Ct. App. · 2011 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). (a) Sledge asserts that by introducing the video of the earlier stop, his counsel allowed information prejudicial to Sledge to be played and replayed before the jury.
cited Cited as authority (rule) Chandler v. State
Ga. Ct. App. · 2011 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Chandler v. State
Ga. Ct. App. · 2011 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2), 509 S.E.2d 618 (1998).
discussed Cited as authority (rule) Kay v. State
Ga. Ct. App. · 2010 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). (a) Kay contends his defense counsel was ineffective because he did not call the victim’s grandmother as a defense witness to testify that she did not believe that molestation occurred and that she never left Kay alone with the victim, and also failed to call her as a character witness.
cited Cited as authority (rule) Hernandez v. State
Ga. Ct. App. · 2010 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 1.
cited Cited as authority (rule) Day v. State
Ga. Ct. App. · 2010 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Crawford v. State
Ga. Ct. App. · 2010 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 1.
discussed Cited as authority (rule) Pierce v. State
Ga. Ct. App. · 2009 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). (a) Pierce alleges that his trial counsel had a conflict of interest that required her to withdraw because complaints Pierce made to the attorney and the State Bar about her effectiveness created an insurmountable conflict.
discussed Cited as authority (rule) Allen v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
Ellington and Mikell, JJ., concur. 1 Wright v. State, 285 Ga. 57, 61-62 (4) ( 673 SE2d 249 ) (2009). 2 (Citations and punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 3 Hood v. State, 273 Ga. App. 430, 434 (2) ( 615 SE2d 244 ) (2005). 4 See Slade, supra at 308 (2). 5 See Brodes v. State, 279 Ga. 435, 442 ( 614 SE2d 766 ) (2005). 6 Aceves v. State, 296 Ga. App. 596, 597 ( 675 SE2d 516 ) (2009).
cited Cited as authority (rule) Aceves v. State
Ga. Ct. App. · 2009 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Dyer v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
We will uphold “a trial court’s finding that a defendant has received effective assistance of counsel . . . unless [that finding is] clearly erroneous.” (Citation omitted.) Slade v. State, 270 Ga. 305, 308 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Hood v. State
Ga. Ct. App. · 2008 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Payne v. State
Ga. Ct. App. · 2008 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Mewborn v. State
Ga. Ct. App. · 2007 · confidence medium
(Punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2006 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Lewis v. State
Ga. · 2005 · confidence medium
We find these arguments to be without merit. 26 See Palmer v. State, 274 Ga. 796 ( 560 SE2d 11 ) (2002). 27 Harris v. State, 273 Ga. 608 ( 543 SE2d 716 ) (2001). 28 Scott v. State, 275 Ga. 305, 307 ( 565 SE2d 810 ) (2002). 29 Strickland v. Washington, 466 U. S. 668, 694 (104 SC 2052, 80 LE2d 674) (1984). 30 Hudson v. State, 250 Ga. 479, 486 ( 299 SE2d 531 ) (1983) (citation and punctuation omitted). 31 See Slade v. State, 270 Ga. 305, 307 ( 509 SE2d 618 ) (1998). 32 See Division 5, supra. 33 Hudson, 250 Ga. at 486 . 34 See Division 6, supra. 35 Hudson, 250 Ga. at 486.
discussed Cited as authority (rule) Gerisch v. Meadows (2×)
Ga. · 2004 · confidence medium
As the habeas court correctly noted, Gerisch "was given his options and he decided to plead guilty to aggravated battery." Accordingly, even assuming for the sake of argument that trial counsel may have been wrong in her assessment of the viability of the double jeopardy defense, that does not constitute a basis for setting aside Gerisch's guilty plea. "`Particularly in regard to matters of trial strategy and tactic, effectiveness is not judged by hindsight (or) result.' [Cit.]" Slade v. State, 270 Ga. 305, 307 (2), 509 S.E.2d 618 (1998).
cited Cited as authority (rule) Conaway v. State
Ga. · 2003 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Roebuck v. State (2×)
Ga. · 2003 · confidence medium
In such matters of trial strategy and tactics, “ ‘effectiveness is not judged by hindsight (or) result.’ [Cit.]” Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Napier v. State
Ga. · 2003 · confidence medium
Slade v. State, 270 Ga. 305, 307 ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Hovis v. State
Ga. Ct. App. · 2003 · confidence medium
Brewer, Sheila A. Connors, Assistant District Attorneys, for appellee. 1 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Gomillion v. State, 236 Ga. App. 14, 16 (3) ( 512 SE2d 640 ) (1999). 3 Bogan v. State, 249 Ga. App. 242, 244 (2) ( 547 SE2d 326 ) (2001). 4 Wilson v. State, 211 Ga. App. 486, 489 (4) ( 439 SE2d 701 ) (1993). 5 Langlois v. Wolford, 246 Ga. App. 209, 210 ( 539 SE2d 565 ) (2000). 6 Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Jackson v. State
Ga. · 2003 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Garrett v. State
Ga. Ct. App. · 2002 · confidence medium
A claim of error based upon Miranda is not raised on appeal. 22 Beecher v. State, 240 Ga. App. 457, 459 (3) ( 523 SE2d 54 ) (1999). 23 Harper v. State, 232 Ga. App. 224, 227 (2) (d) ( 501 SE2d 591 ) (1998). 24 See Spivey v. State, 193 Ga. App. 127, 130 (3) ( 386 SE2d 868 ) (1989). 25 Canada v. State, 275 Ga. 131, 133 ( 562 SE2d 508 ) (2002). 26 (Citation and punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 27 Bruton v. United States, supra (Sixth Amendment right of confrontation is violated when co-defendants are tried jointly, and a nontestifying co-defendan…
discussed Cited as authority (rule) Ware v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 Hill v. State, 224 Ga. App. 208, 209-210 (2) ( 480 SE2d 256 ) (1997). 2 See Thomas v. State, 224 Ga. App. 816 (1) ( 482 SE2d 472 ) (1997). 3 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 4 Brown v. State, 256 Ga. App. 209 (1) ( 568 SE2d 62 ) (2002). 5 Id. 6 Id. 7 See Kelly v. State, 209 Ga. App. 789, 790 (1) (a) ( 434 SE2d 743 ) (1993) (prosecution’s exercise of nine peremptory challenges, all against African-Americans, was sufficient to create prima facie inference of racial discrimination). 8 Whatley v. State, 266 Ga. 568, 570 (3) ( 468 SE…
discussed Cited as authority (rule) Fann v. State
Ga. · 2002 · confidence medium
Fann filed a notice of appeal to this Court on March 28, 2002, and the case was submitted for decision on June 17, 2002. 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Nicholson v. State, 265 Ga. 711, 712-713 ( 462 SE2d 144 ) (1995). 4 See Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 5 Slade v. State, 270 Ga. 305, 307 ( 509 SE2d 618 ) (1998). 6 Strong v. State, 275 Ga. 465 ( 569 SE2d 523 ) (2002); Butler v. State, 273 Ga. 380, 385 ( 541 SE2d 653 ) (2001). 7 Cummings v. State, 273 Ga. 547, 548 ( 544 SE2d 429 ) (2001).
cited Cited as authority (rule) Veasley v. State
Ga. · 2002 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Glass v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 248 Ga. App. 91 ( 545 SE2d 360 ) (2001). 2 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 3 Patterson v. State, 233 Ga. App. 776 (1) ( 505 SE2d 518 ) (1998). 4 Patterson v. State, 225 Ga. App. 515 ( 484 SE2d 317 ) (1997). 5 Dominguez-Vega v. State, 253 Ga. App. 562 (1) ( 560 SE2d 56 ) (2002); McIntosh v. State, 247 Ga. App. 640, 641 (1) ( 545 SE2d 61 ) (2001). 6 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 7 OCGA § 16-6-1 (a) (1). 8 OCGA § 16-6-22.2 (b). 9 Banks v. State, 250 Ga. App. 728, 731 (4) ( 552 SE2d 903 ) (200…
discussed Cited as authority (rule) Gillison v. State
Ga. Ct. App. · 2002 · confidence medium
Particularly in regard to matters of trial strategy and tactic, effectiveness is not judged by hindsight or result.” (Citations and punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). (d) Gillison asserts that his trial counsel also should have objected when the state’s attorney and the trial court in this case used the misdemeanor/felony distinction when discussing the two kinds of obstruction charges.
discussed Cited as authority (rule) Cortez v. State
Ga. Ct. App. · 2002 · confidence medium
(Citations and punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). “[Strategic choices made after thorough investigation are virtually unchallengeable.” (Punctuation omitted.) Stephens v. State, 265 Ga. 120, 121-122 (2) ( 453 SE2d 443 ) (1995). *706 Giving counsel the full benefit of presumptively reasonable performance, we conclude that her failure to raise a chain of custody objection to the admission of the bullets did not fall below an objective standard of reasonableness.
cited Cited as authority (rule) Harris v. State
Ga. · 2001 · confidence medium
Slade v. State, 270 Ga. 305, 306 (1) ( 509 SE2d 618 ) (1998).
cited Cited as authority (rule) Coburn v. State
Ga. Ct. App. · 2001 · confidence medium
(Citations and punctuation omitted.) Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Covington v. State
Ga. Ct. App. · 2001 · confidence medium
Hart, Assistant District Attorneys, for appellee. 1 (Citation and punctuation omitted.) Hutchinson v. State, 232 Ga. App. 368, 369 ( 501 SE2d 873 ) (1998). 2 (Citation omitted.) Gadson v. State, 264 Ga. 280, 281 (2) ( 444 SE2d 305 ) (1994). 3 (Citations omitted.) Butler v. State, 273 Ga. 380, 384 (10) ( 541 SE2d 653 ) (2001). 4 Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) (1993), citing Strickland v. Washington, 466 U. S. 668, 697 (104 SC 2052, 80 LE2d 674) (1984). 5 (Citation omitted.) Green v. State, 240 Ga. App. 650, 653 (3) ( 523 SE2d 632 ) (1999). 6 Abreu v. State, 206 Ga. App. …
discussed Cited as authority (rule) Simmons v. State
Ga. Ct. App. · 2001 · confidence medium
While, during the motion for new trial hearing, trial counsel acknowledged that, in hindsight, he should have objected to the rereading of Simpson’s statement and admission of the arrest warrant into evidence, “[t]he standard regarding ineffective assistance of counsel is ‘not errorless counsel and not counsel judged ineffective by hindsight, but counsel . . . rendering reasonably effective assistance.’ (Cits.) In determining what constitutes ineffective assistance, a critical distinction is made between inadequate preparation and unwise choices of trial tactics and strategy.” [Cit.]…
discussed Cited as authority (rule) Castleberry v. State (2×)
Ga. · 2001 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2), 509 S.E.2d 618 (1998).
discussed Cited as authority (rule) Manning v. State
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J, concur. 1 Pollard v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Miller v. State, 270 Ga. 741, 743 (2) ( 512 SE2d 272 ) (1999). 3 Karim v. State, 244 Ga. App. 282, 284 (2) ( 535 SE2d 296 ) (2000). 4 Anderson v. State, 238 Ga. App. 866, 874 (5) ( 519 SE2d 463 ) (1999). 5 Webster v. Boyett, 269 Ga. 191, 195 (1) ( 496 SE2d 459 ) (1998). 6 Hudson v. State, 234 Ga. App. 895, 901 (3) (b) ( 508 SE2d 682 ) (1998). 7 Honeycutt v. State, 245 Ga. App. 819, 821 (3) ( 538 SE2d 870 ) (2000). 8 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 9 Ruc…
discussed Cited as authority (rule) Callahan v. State
Ga. Ct. App. · 2001 · confidence medium
After Callahan filed a writ of mandamus, the trial judge voluntarily recused himself. 2 Pollard v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 3 See Anderson v. State, 246 Ga. App. 189, 190 (1) ( 539 SE2d 879 ) (2000). 4 Hayes v. State, 262 Ga. 881, 883 (3) ( 426 SE2d 886 ) (1993). 5 Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). 6 McCant v. State, 234 Ga. App. 433, 435-436 (2) ( 506 SE2d 917 ) (1998). 7 See Brewer, supra, 224 Ga. App. at 658 (2). 8 See Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 9 Meredith v. State, 211 Ga. App. 213, 215 (4) ( 4…
cited Cited as authority (rule) Ucak v. State
Ga. · 2001 · confidence medium
Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited as authority (rule) Caldwell v. State (2×)
Ga. Ct. App. · 2000 · confidence medium
The petit jury comprised eight black jurors and four white jurors, with two black alternate jurors. [18] Slade v. State, 270 Ga. 305, 306 (1), 509 S.E.2d 618 (1998). [19] Blair v. State, 267 Ga. 166, 167 (2), 476 S.E.2d 263 (1996). [20] Roundtree v. State, 270 Ga. 504, 507 (5), 511 S.E.2d 190 (1999). [21] 261 Ga. 640, 642 (2)(b), 409 S.E.2d 649 (1991). [22] (Citation and punctuation omitted.) Shutt v. State, 215 Ga.App. 617 (3), 451 S.E.2d 530 (1994).
cited Cited as authority (rule) Dewberry v. State
Ga. · 1999 · confidence medium
Slade v. State, 270 Ga. 305, 306 (2) ( 509 SE2d 618 ) (1998).
discussed Cited "see" Ivan Dale Miller v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited "see" Miller v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998).
discussed Cited "see" Shaw v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Slade v. State, 270 Ga. 305, 307-308 (2) ( 509 SE2d 618 ) (1998).
discussed Cited "see" McClure v. Kemp (2×)
Ga. · 2009 · signal: see · confidence high
See generally Slade v. State, 270 Ga. 305 (2) ( 509 SE2d 618 ) (1998) (reasonable strategic decisions predicated on circumstances as they existed at the time of trial did not amount to ineffective assistance).
discussed Cited "see" Cormier v. State (2×)
Ga. · 2004 · signal: see · confidence high
See Slade v. State, 270 Ga. 305 (2) ( 509 SE2d 618 ) (1998).
Slade
v.
the State
S98A1493.
Supreme Court of Georgia.
Dec 4, 1998.
509 S.E.2d 618
Garland & Milam, Richard G. Milam, for appellant., Tommy K. Floyd, District Attorney, Mark S. Daniel, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth L. Jaeger, Assistant Attorney General, for appellee.
Thompson.
Cited by 69 opinions  |  Published
Thompson, Justice.

Robert Slade’s judgments of conviction for malice murder and[*306] aggravated assault were affirmed on appeal to this Court, but the case was remanded to the trial court for a hearing on his Batson 1 challenge and claim of ineffective assistance of trial counsel. Slade v. State, 267 Ga. 868 (485 SE2d 726) (1997). On remand, the trial court determined that the State offered race-neutral explanations for the exercise of its peremptory strikes, and that Slade received effective assistance of trial counsel. Finding no error, we affirm.

1. Slade, an African-American male, submits that the State violated Batson in exercising all of its four peremptory strikes to eliminate African-American members of the panel.

On remand, the prosecutor explained that he had personal knowledge at the time of voir dire that four prospective jurors were related to individuals who had been prosecuted by his office, and he exercised the four peremptory strikes to eliminate those jurors. One of the four jurors was excused for the additional reason that he was single, unemployed and had no visible means of support. The selected jurors consisted of eight white males and females, three African-American females, and one Hispanic.

We have held that prior convictions or arrest histories of a family member are sufficiently race-neutral reasons under Batson and Henry v. State, 265 Ga. 732 (2) (462 SE2d 737) (1995), and that a prosecutor’s reasonable suspicions about a prospective juror’s impartiality in that situation may well justify the exercise of a peremptory strike. Davis v. State, 263 Ga. 5 (10) (426 SE2d 844) (1993). Where a further explanation based on a juror’s unemployment is coupled with other race-neutral reasons, we will not attribute to the State a discriminatory intent in excusing that juror. See Redding v. State, 219 Ga. App. 182 (1) (464 SE2d 824) (1995). Slade has not established that the explanations proffered by the State “were merely pretexts for purposeful . . . discrimination.” Henry v. State, supra at 734. Accordingly, we find no Batson violation.

2. Slade contends that his trial counsel was ineffective in (a) failing to object to certain prejudicial testimony which was subject to valid hearsay objections; (b) failing to challenge the validity of a search warrant executed at an apartment alleged to be Slade’s residence, and failing to move to suppress certain evidence seized pursuant to that warrant; (c) failing to proffer certain psychological documentation in support of a motion for continuance and thus failing to create a record for review; and (d) failing to object to the admission of bullets recovered from the crime scene which were never properly identified at trial. [2]

[*307] Trial counsel testified on remand that he made the tactical decision to retrain from objecting to the hearsay testimony because he believed an objection would draw undue attention to the statements; a portion of the hearsay testimony was not relevant to the case and did not harm the defendant; and he believed the hearsay was merely cumulative of other admissible evidence.

As for the failure to challenge the search warrant and items seized pursuant thereto, counsel testified that Slade advised him he did not reside at the address listed on the warrant. Since it was the intention of the defense that Slade would testify in his own behalf, trial counsel made the strategic decision to raise the validity of the warrant during the defense case. For the same reasons, counsel decided not to object to the admission of evidence seized pursuant to the warrant. [3] Counsel admitted that in hindsight “it probably would have been better had I objected,” because Slade did not testify. However, counsel’s strategic decisions were predicated on the circumstances as they existed at the time of trial.

“The standard regarding ineffective assistance of counsel is ‘not errorless counsel and not counsel judged ineffective by hindsight, but counsel . . . rendering reasonably effective assistance.’ [Cits.] In determining what constitutes ineffective assistance, a critical distinction is made between inadequate preparation and unwise choices of trial tactics and strategy.” Hudson v. State, 250 Ga. 479, 486 (8) (299 SE2d 531) (1983). “Particularly in regard to matters of trial strategy and tactic, effectiveness is not judged by hindsight [or] result.” Williams v. State, 214 Ga. App. 106 (446 SE2d 789) (1994). We find that counsel articulated valid strategic decisions as to the foregoing grounds, and that strategy did not amount to ineffective assistance.

As for the failure to tender psychological documents in support of a motion for continuance, counsel testified that on the eve of trial, Slade informed him that he was in possession of certain documents indicating that he may not be competent to stand trial. When counsel asked to see those records, Slade responded, “I’m saving these for my habeas.” Nevertheless, on the morning of trial Slade’s brother appeared with voluminous records which had not previously been given to counsel. Counsel moved for a continuance to review those documents, which the court denied. Slade, supra at (2). Although counsel did not offer the documents into evidence in support of his motion, id., he testified on remand that the records predated a court-[*308] ordered mental evaluation conducted on Slade for purposes of determining his competency to stand trial. The more recent court-ordered evaluation demonstrated his competency. At trial, the court stated that it would not grant a continuance based on six-month-old records brought to the court’s attention on the morning of trial, characterizing the offer as a dilatory tactic. Thus, had counsel attempted to proffer the documents, they would not likely have persuaded the court to grant a continuance.

Decided December 4, 1998. Garland & Milam, Richard G. Milam, for appellant. Tommy K. Floyd, District Attorney, Mark S. Daniel, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth L. Jaeger, Assistant Attorney General, for appellee.

It is also highly unlikely that counsel’s failure to object to admission of a State’s exhibit consisting of two bullets had an effect on the verdict because they were among numerous other bullets and shell casings which were properly identified as having been recovered from the crime scene and which went out with the jury.

To establish a claim of ineffective assistance of counsel at trial, a defendant must show that defense counsel’s performance was deficient and that this deficiency prejudiced his defense, depriving him of a fair trial. 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). And a trial court’s finding that a defendant has received effective assistance of counsel will be upheld on appeal unless clearly erroneous. Smith v. State, 256 Ga. 483 (351 SE2d 641) (1986). After thorough review of the record, we affirm the trial court’s findings.

Judgment affirmed.

All the Justices concur.
1

Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986).

2

Slade also asserts that counsel was ineffective in permitting him to remain in the courtroom in his prison uniform throughout the voir dire proceedings. See Slade, supra at[*307] (3). However, because Slade expressly declined to present argument or evidence in support of this ground on remand, he has abandoned it.

3

The evidence consisted of six bullets described as “similar” to bullets found at the crime scene.