Chapman v. State, 541 S.E.2d 634 (Ga. 2001). · Go Syfert
Chapman v. State, 541 S.E.2d 634 (Ga. 2001). Cases Citing This Book View Copy Cite
“where, as here, the evidence of guilt in a death penalty case is overwhelming, the avoidance of a death sentence is a legitimate trial strategy.”
276 citation events (276 in the last 25 years) across 3 distinct courts.
Strongest positive: Marcin Sosniak v. Macon SP Warden (ca11, 2025-07-03)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Marcin Sosniak v. Macon SP Warden
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
where, as here, the evidence of guilt in a death penalty case is overwhelming, the avoidance of a death sentence is a legitimate trial strategy.
discussed Cited as authority (rule) William Gaspar-Mateo v. State (2×)
Ga. Ct. App. · 2025 · confidence medium
In evaluating Gaspar-Mateo’s claims of ineffective assistance of counsel, we apply the well-established, two-pronged test from Strickland v. Washington,13 which requires him to show that trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”14 Significantly, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”15 As a result, this burden, 12 See Hulett, 29…
examined Cited as authority (rule) Ayesha Dawana Hawkins v. State (4×)
Ga. Ct. App. · 2025 · confidence medium
To evaluate Hawkins’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,26 which requires her to show that trial counsel’s performance was “deficient and that the deficient performance so prejudiced [her] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”27 Significantly, should a defendant “fail to meet [her] burden on one prong of this two-prong test, we need not review the other prong.”28 25 See supra note 23. 26 466 U.S. 668 (104 SCt 2052, 8…
discussed Cited as authority (rule) Desmond Legrant Staley, Jr. v. State
Ga. Ct. App. · 2025 · confidence medium
Indeed, the record is devoid of any testimony establishing what kind of contraband Officer Kelley believed was “immediately identifiable” in Staley’s pocket, much less why he believed it with a degree of certainty.60 Staley also presented no evidence on the scope of his consent to the pat-down search, as he testified at the motion-for-new-trial hearing that he did not consent to the search at all.61 Indeed, at trial, one of the law-enforcement officers who responded 58 Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001); see Sutton v. State, 338 Ga. App. 724, 732 (3) ( 791 SE2…
discussed Cited as authority (rule) Nicole Duree Guerra v. State
Ga. Ct. App. · 2024 · confidence medium
In evaluating Guerra’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,25 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”26 Importantly, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”27 As a result, this burden, though not impossible to me…
discussed Cited as authority (rule) Richard Davis v. State (2×)
Ga. Ct. App. · 2024 · confidence medium
In evaluating Davis’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,3 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”4 Importantly, should a defendant 3 466 U.S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 4 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland, 466 U.S. at 687 (III); As…
discussed Cited as authority (rule) Patrick Anderson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
We disagree. 3 See, e.g., Grullon v. State, 313 Ga. 40, 46 (2) ( 867 SE2d 95 ) (2021) (“Under the plain error analysis . . . , an objection is intentionally relinquished or abandoned if it is ‘affirmatively waived.’”); Robinson v. State, 299 Ga. 648, 651 (3) ( 791 SE2d 13 ) (2016) (explaining that acquiescing in trial court’s action by voicing satisfaction with same waives any asserted error). 5 In order to establish that trial counsel rendered ineffective assistance, Anderson must show counsel’s performance was “deficient and that the deficient performance so prejudiced him that…
discussed Cited as authority (rule) Christopher Baggett v. State (2×) also: Cited "see"
Ga. Ct. App. · 2023 · confidence medium
We disagree. 6 To evaluate Baggett’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,2 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”3 Importantly, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”4 In addition, there is a strong presumption t…
discussed Cited as authority (rule) Michael Thomas Day, Jr. v. State (2×)
Ga. Ct. App. · 2023 · confidence medium
And as we have previously explained, to prevail on a claim of ineffective assistance of counsel, a 26 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland, 466 U.S. at 687 (III); Ashmid v. State, 316 Ga. App. 550, 556 (3) ( 730 SE2d 37 ) (2012). 27 Gomez v. State, 300 Ga. 571, 573 ( 797 SE2d 478 ) (2017); accord Lawson v. State, 365 Ga. App. 87 , 95 (3) ( 877 SE2d 616 ) (2022). 28 Sowell v. State, 327 Ga. App. 532, 539 (4) ( 759 SE2d 602 ) (2014); see Grant v. State, 295 Ga. 126, 130 (5) ( 757 SE2d 831 ) (2014) (holding that “[i]n reviewing a claim of ineffective…
discussed Cited as authority (rule) Durlav Rijal v. State (2×) also: Cited "see"
Ga. Ct. App. · 2023 · confidence medium
To evaluate Rijal’s claims of ineffective assistance of counsel, we apply the familiar two-pronged test established in Strickland v. Washington,43 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for 42 See Stoica, 339 Ga. App. at 489 (3) (holding evidence supporting DUI less- safe conviction was overwhelming given testimony about defendant’s erratic driving, the odor of alcohol from his person, his slurred speech and bloodshot eyes, his unsteadiness, his i…
discussed Cited as authority (rule) Angelo Williams v. State (2×) also: Cited "see"
Ga. Ct. App. · 2023 · confidence medium
To evaluate Williams’s claim of ineffective assistance of counsel, we apply the two-pronged test established by the Supreme Court of the United States in Strickland v. Washington,11 which requires him to show that his trial counsel’s performance was 10 See Dennis v. State, 293 Ga. 688, 689-90 (1) ( 748 SE2d 390 ) (2013) (holding that defendants moving victims from their own vehicle before shooting them was sufficient to support kidnapping-with-bodily-injury charge); Fuller v. State, 363 Ga. App. 217 , 222-23 (1) (b) ( 871 SE2d 79 ) (2022) (holding that moving victim outside of store after …
examined Cited as authority (rule) John Lacey Mulkey v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · confidence medium
It is well established that to evaluate Mulkey’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,33 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood 32 See Powell, 291 Ga. at 746 (2) (a) (“[T]he defendant’s failure to object to the State’s closing argument waives his right to rely on the alleged impropriety of that argument as a basis for reversal.” (punctuation omitted)); Carr v. State, 275 Ga.…
discussed Cited as authority (rule) Michael Lawson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2022 · confidence medium
To evaluate Lawson’s claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,22 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”23 Furthermore, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”24 In addition, there is a strong presumption that trial coun…
examined Cited as authority (rule) Emery Parrish v. State (4×) also: Cited "see"
Ga. Ct. App. · 2022 · confidence medium
To evaluate Parrish’s claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,11 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”12 Importantly, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”13 In addition, there is a strong presumption that trial cou…
discussed Cited as authority (rule) Cecil Johnson v. State
Ga. Ct. App. · 2021 · confidence medium
To evaluate Johnson’s claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,43 which requires him to show that his trial counsel’s performance was “deficient and that the deficient 41 Coleman v. State, 301 Ga. 720, 723 (4) ( 804 SE2d 24 ) (2017) (punctuation omitted). 42 See Smith v. State, 264 Ga. 449, 451-52 (2) ( 448 SE2d 179 ) (1994) (holding that State’s explanation for peremptory strike of prospective jurors—that jurors lived in same general area as defendant’s residence, State’s witnesses’ residences or scene of…
discussed Cited as authority (rule) Reynaldo Alvarez-Maldonado v. State
Ga. Ct. App. · 2021 · confidence medium
In order to evaluate Alvarez-Maldonado’s claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,22 21 See Weyer v. State, 333 Ga. App. 706, 712 (1) (b) ( 776 SE2d 304 ) (2015) (noting that a jury is not required to leave its common sense at the door in resolving a case); Lanier v. State, 237 Ga. App. 875, 877 (4) ( 517 SE2d 106 ) (1999) (“Jurors are entitled to use their own common sense as intelligent human beings on many questions.” (punctuation omitted)). 22 466 U.S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 14 which requires …
discussed Cited as authority (rule) Mamadou Lamine Sambou v. State (2×)
Ga. Ct. App. · 2021 · confidence medium
ART. 1, § 1, ¶ XIV (“Every person charged with an offense against the laws of this state . . . shall be confronted with the witnesses testifying against such person.”). 40 466 U.S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 23 counsel’s errors, the outcome of the trial would have been different.”41 Importantly, should a defendant “fail to meet his burden on one prong of this two-prong test, we need not review the other prong.”42 In addition, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal …
discussed Cited as authority (rule) Nathaniel Smith v. State (2×)
Ga. Ct. App. · 2020 · confidence medium
In order to evaluate Smith’s claims of ineffective assistance of counsel, we apply the familiar two-pronged test established in Strickland v. Washington,14 which requires him to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”15 In addition, there is a strong presumption that trial counsel’s conduct falls within the broad range 13 See Kinsey v. State, 326 Ga. App. 616, 623 (2) (b) ( 757 SE2d 217 ) (20…
discussed Cited as authority (rule) Tucker Hamlette v. State (2×)
Ga. Ct. App. · 2020 · confidence medium
In order to evaluate Tucker’s claims of ineffective assistance of counsel, we apply the two-pronged test established by the Supreme Court of the United States in Strickland v. Washington,12 which requires Tucker to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced her that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial 11 See Morris v. State, 276 Ga. App. 775, 779 (4) ( 624 SE2d 281 ) (2005) (holding that trial court properly charged the jury, despite defendant’s objection, on voluntary…
discussed Cited as authority (rule) Harold Miller v. State
Ga. Ct. App. · 2019 · confidence medium
I, § 1, ¶ XVII (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.” (emphasis supplied)). 19 In order to evaluate Miller’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,27 which requires Miller to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel’s er…
discussed Cited as authority (rule) Randall Hall v. State (2×)
Ga. Ct. App. · 2019 · confidence medium
Fleur v. State, 296 Ga. App. 849, 853 (2) ( 676 SE2d 243 ) (2009) (same); see also Rodriguez, 135 SCt at 1614-15 (holding that conducting an open-air dog sniff around a vehicle during a traffic stop does not itself violate the Fourth Amendment); Allen, 298 Ga. at 4 (same). 13 In order to evaluate Hall’s claims of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,19 which requires Hall to show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood …
discussed Cited as authority (rule) JOHNSON v. the STATE.
Ga. Ct. App. · 2019 · confidence medium
Gobeil and Hodges, JJ., concur. 1 See, e.g. , Powell v. State , 310 Ga. App. 144 , 144, 712 S.E.2d 139 (2011). 2 The medical examiner explained that a stab wound is deeper within the body than it is long on the surface of the body, while an incised wound is longer on the surface of the body than its depth within the body. 3 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 4 Chapman v. State , 273 Ga. 348 , 349-50 (2), 541 S.E.2d 634 (2001) ; see Strickland , 466 U.S. at 687 (III), 104 S.Ct. 2052 ; Ashmid v. State , 316 Ga. App. 550 , 556 (3), 730 S.E.2d 37 (2012) ("[F]irst, appellant mus…
discussed Cited as authority (rule) ANDERSON v. the STATE.
Ga. Ct. App. · 2019 · confidence medium
See Ga. L. 2013, Act 132, § 1-5 (effective July 1, 2013). 7 See Freeman v. State , 329 Ga. App. 429 , 432 (1), 765 S.E.2d 631 (2014) (noting that any fact in a trial can be proven by circumstantial evidence); Bettes v. State , 329 Ga. App. 13 , 15 (1), 763 S.E.2d 366 (2014) ("Both knowledge and intent to defraud may be proven by circumstantial evidence." (punctuation omitted)). 8 See Marks v. State , 280 Ga. 70 , 72-73 (1) (a), 623 S.E.2d 504 (2005) (finding that defendant's use of elder person's credit card to wire more than $ 5,000 to defendant's relative supported his conviction for elder …
discussed Cited as authority (rule) Hillsman v. the State
Ga. Ct. App. · 2017 · confidence medium
Ray and Self, JJ., concur. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 ( 712 SE2d 139 ) (2011). 2 See English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 3 Joiner v. State, 299 Ga. App. 300, 300 ( 682 SE2d 381 ) (2009); see also Jackson, 443 U. S. at 319 (III) (B). 4 Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001) (punctuation omitted). 5 Adorno v. State, 314 Ga. App. 509, 511-12 (1) ( 724 SE2d 816 ) (2012) (punctuation omitted). 6 Bizzard v. State, 312 Ga. App. 185, 1…
cited Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 2014 · confidence medium
Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
cited Cited as authority (rule) Brian Keith Patterson v. State
Ga. Ct. App. · 2014 · confidence medium
Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
discussed Cited as authority (rule) Cody Sowell v. State
Ga. Ct. App. · 2014 · confidence medium
It is well established that in order to prevail on his claim of ineffective assistance of counsel, Sowell must show that his trial counsel’s performance was “deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”26 Additionally, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal defendant must overcome this presumption.27 And unless clearly erroneous, 25 Brown, 287 G…
cited Cited as authority (rule) Sowell v. State
Ga. Ct. App. · 2014 · confidence medium
Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) ( 104 SCt 2052 , 80 LE2d 674) (1984).
cited Cited as authority (rule) Johnny William Hudson v. State
Ga. Ct. App. · 2014 · confidence medium
Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
cited Cited as authority (rule) Hudson v. State
Ga. Ct. App. · 2014 · confidence medium
Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
discussed Cited as authority (rule) Ramiro Garcia v. State
Ga. Ct. App. · 2013 · confidence medium
It is well settled that in order to prevail on his claim of ineffective assistance of counsel, Calderon must show that his trial “counsel’s performance was deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.” 41 Additionally, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal defendant must overcome this presumption.42 Furthermore, unless clearly erroneous, we will…
cited Cited as authority (rule) Garcia v. State
Ga. Ct. App. · 2013 · confidence medium
Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984).
discussed Cited as authority (rule) Jonathan Edwards Crosby v. State
Ga. Ct. App. · 2012 · confidence medium
In order to prevail on his claim of ineffective assistance of counsel, Crosby must show that his trial “counsel’s performance was deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”18 Additionally, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal defendant must overcome this presumption.19 Unless clearly erroneous, we will uphold a trial court’s factual determ…
cited Cited as authority (rule) Crosby v. State
Ga. Ct. App. · 2012 · confidence medium
Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984).
cited Cited as authority (rule) Manhertz v. State
Ga. Ct. App. · 2012 · confidence medium
Chapman, 273 Ga. at 350 (2).
discussed Cited as authority (rule) Nicole Joyner v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
In order to prevail on his claim of ineffective assistance of counsel, Manhertz must show that “counsel’s performance was deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”8 Furthermore, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal defendant must overcome this presumption.9 Unless clearly erroneous, we will uphold a trial court’s factual 7 See Bruton v. U…
discussed Cited as authority (rule) Kirk Manhertz v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
In order to prevail on his claim of ineffective assistance of counsel, Manhertz must show that “counsel’s performance was deficient and that the deficient performance so prejudiced [him] that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”8 Furthermore, there is a strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct, and a criminal defendant must overcome this presumption.9 Unless clearly erroneous, we will uphold a trial court’s factual 7 See Bruton v. U…
cited Cited as authority (rule) Sherrell v. State
Ga. Ct. App. · 2012 · confidence medium
Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see also Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984).
discussed Cited as authority (rule) Patrick Sherrell v. State
Ga. Ct. App. · 2012 · confidence medium
It is axiomatic that in order to prevail on his claim of ineffective assistance of counsel, Sherrell must show that counsel’s performance was deficient and that the deficient performance so prejudiced him that “there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different.”21 In addition, a criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct.22 And unless clearly erroneous, we will uphold a trial court’s factual determinations 20 See…
discussed Cited as authority (rule) Adorno v. State
Ga. Ct. App. · 2012 · confidence medium
See Paul S. Milich, Georgia Rules of Evidence § 13:4, p. 228 (2d ed. 2002). 14 State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ) (1981). 15 See OCGA § 24-3-16 (“A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indic…
cited Cited as authority (rule) Tyner v. State
Ga. Ct. App. · 2012 · confidence medium
Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see also Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984).
examined Cited as authority (rule) Veasey v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · confidence medium
However, based on our review of the arguments made by Veasey, “we find no clear error in the trial judge’s conclusions that these strikes were [not] exercised in a racially discriminatory manner.” Id. (citation and punctuation omitted). 12 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see also Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 13 Chapman, 273 Ga. at 350 (2). 14 Id.; Henderson v. State, 303 Ga. App. 898, 898 (1) ( 695 SE2d 334 ) (2010). 15 Henderson, 303 Ga. App. at 898 (1). 16 Overton v. State, 295 Ga. App. 223, 237…
discussed Cited as authority (rule) Anderson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
See Espinosa v. State, 285 Ga. App. 69 ( 645 SE2d 529 ) (2007). 5 See Davis v. State, 272 Ga. 327, 330 (6) ( 528 SE2d 800 ) (2000). 6 Id.; see Bruton, 391 U. S. at 135-36 . 7 Davis, 272 Ga. at 330-31 (6) (footnotes and punctuation omitted). 8 Id. at 331 (6) (footnote and punctuation omitted). 9 Johnson v. State, 275 Ga. 650, 651 (2) ( 571 SE2d 782 ) (2002) (citation and punctuation omitted). 10 See id. at 651-52 (2). 11 See Davis, 272 Ga. at 331 (6). 12 Richard v. State, 287 Ga. App. 399, 403 (4) ( 651 SE2d 514 ) (2007) (footnote and punctuation omitted). 13 See, e.g., Collum v. State, 281 Ga.…
discussed Cited as authority (rule) Roberts v. State
Ga. Ct. App. · 2011 · confidence medium
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Goolsby v. State, 299 Ga. App. 330, 330-31 ( 682 SE2d 671 ) (2009); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 CODIS, the Combined DNA Indexing System, is a database of DNA profiles linked among the states through the Federal Bureau of Investigation. 3 OCGA § 16-7-1 (a). 4 See, e.g., English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010). 5 Lott v. State, 303 Ga. App. 775, 775 (1) ( 694 SE2d 698 ) (2010) (citing Jackson, 443 U. S. at 319 (III) (B)). 6 Miller v. State, 273 Ga. 831, 8…
discussed Cited as authority (rule) Davenport v. State
Ga. Ct. App. · 2011 · confidence medium
State, 254 Ga. App. 52, 53-54 (1) ( 561 SE2d 190 ) (2002); Castillo v. State, 166 Ga. App. 817, 822 (2) ( 305 SE2d 629 ) (1983). 56 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 57 Chapman, 273 Ga. at 350 (2). 58 Id.; Henderson v. State, 303 Ga. App. 898, 898 (1) ( 695 SE2d 334 ) (2010). 59 Henderson, 303 Ga. App. at 898 (1). 60 Bridges v. State, 286 Ga. 535, 537 (1) ( 690 SE2d 136 ) (2010) (citation and punctuation omitted). 61 See Benefield v. State, 231 Ga. App. 80, 81 ( 497 SE2d 6…
discussed Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2009 · confidence medium
“The trial court’s determination with respect to effective assistance of counsel will be affirmed unless the trial court’s findings are clearly erroneous.” (Citation omitted.) Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
discussed Cited as authority (rule) Goodrum v. State
Ga. Ct. App. · 2008 · confidence medium
“The trial court’s determination with respect to effective assistance of counsel will be affirmed unless the trial court’s findings are clearly erroneous. [Cit.]” Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001).
discussed Cited as authority (rule) Daniel v. State (2×) also: Cited "see"
Ga. Ct. App. · 2008 · confidence medium
(Citations omitted.) Chapman v. State, 273 Ga. 348, 349-350 (2) ( 541 SE2d 634 ) (2001).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2008 · signal: cf. · confidence medium
Cf. Chapman v. State, 273 Ga. 348, 350-351 (2) ( 541 SE2d 634 ) (2001).
discussed Cited as authority (rule) Rudnitskas v. State
Ga. Ct. App. · 2008 · confidence medium
“The trial court’s determination with respect to effective assistance of counsel will be affirmed unless the trial court’s findings are clearly erroneous. [Cit.]” Chapman v. State, 273 Ga. 348, 350 (2) ( 541 SE2d 634 ) (2001). (a) Rudnitskas contends that, although trial counsel objected to the use of the crowbar in an unrecorded pretrial conference with the trial court, which was overruled, he erred in not objecting to the crowbar when it was tendered into evidence.
Chapman
v.
the State
S00A1501.
Supreme Court of Georgia.
Jan 22, 2001.
541 S.E.2d 634
Ellis R. Garnett, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Benham.
Cited by 116 opinions  |  Published
Benham, Chief Justice.

In a case in which the State sought the death penalty, appellant Ed Lee Chapman was convicted of two counts of felony murder,[*349] armed robbery, and possession of a firearm during the commission of a felony in connection with the deaths of Ruby Lum Wong and her son, Phillip Wong. In the penalty phase of the trial, the jury recommended and fixed life imprisonment as the penalty. [1]

The State presented evidence that Ruby Wong was shot in the face and shoulder and Phillip Wong was shot in the abdomen during an armed robbery of their neighborhood grocery store. Both victims died from their wounds. The fatal shots were fired by a gun stipulated to be owned by appellant, and appellant was identified by a witness as the person he saw fleeing the store with an armed Mr. Wong in pursuit. Appellant, found unconscious and bleeding from gunshot wounds at the end of a blood trail that led from the store, had four checks made out to the grocery store and 44 one-dollar bills in his zipped pocket. His bicycle was found at the store’s entrance. While in the hospital, appellant executed two waiver of rights forms and gave two tape-recorded statements to investigating authorities. In those statements,'appellant admitted entering the store, announcing his intent to rob the owners, taking money from the cash register, and shooting the owners when they resisted. At trial, appellant testified that he used a gun to rob the store owners in order to get money to feed his crack cocaine addiction, and that Ms. Wong had been shot in a struggle for appellant’s weapon. Appellant stated he shot Mr. Wong after Mr. Wong had shot him.

1. The evidence was sufficient to authorize a rational trier of fact to conclude that appellant was guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Appellant contends he is entitled to a new trial because his trial counsel did not provide him with effective assistance of counsel. In order to prevail on a claim of ineffective assistance of counsel, a criminal defendant must show that counsel’s performance was deficient and that the deficient performance so prejudiced the client that there is a reasonable likelihood that, but for counsel’s errors, the out[*350] come of the trial would have been different. Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Smith v. Francis, 253 Ga. 782 (1) (325 SE2d 362) (1985). The criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. Mobley v. State, 271 Ga. 577 (523 SE2d 9) (1999). The trial court’s determination with respect to effective assistance of counsel will be affirmed unless the trial court’s findings are clearly erroneous. Johnson v. State, 266 Ga. 380, 383 (467 SE2d 542) (1996).

Appellant maintains that, despite appellant’s entry of a plea of not guilty and his desire to seek a verdict of not guilty, trial counsel pursued a strategy to obtain a guilty but mentally ill verdict, thereby requiring appellant to give false testimony in which he admitted he had committed the crimes. [2] At the hearing on the motion for new trial, trial counsel testified he had been practicing in the Augusta Judicial Circuit for 27 years, that appellant’s case was the twelfth capital case he had handled, and that he had written papers and had been an instructor at professional seminars on defending death penalty cases. Trial counsel testified he and appellant had disagreed at their initial meeting over the strategy to be employed, with appellant wishing to tell the jury that he had not participated in the armed robbery and murders, that it was not his voice confessing on the audiotapes, and that the person who had committed the crimes had planted the fruits of the armed robbery on him. Counsel testified that, after he had explained to appellant why it was best to do as counsel suggested, “there was no disagreement after that.” Trial counsel knew appellant’s proposed version was untrue [3] and believed presentation of it would have “offended the intelligence of the jury” and “cost the lawyers all of their credibility with the jury,” resulting, in all likelihood, with the return of a death sentence. Instead, counsel, having found mitigating factors during the investigation of the case, chose to use the guilt-innocence phase of the trial “as one long sentencing phase ... to portray [appellant] as a victim of his addiction” and use that and his low intellectual level “to save his life if we[*351] could.”

Decided January 22, 2001. Ellis R. Garnett, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

According to the American Bar Association’s Standards for Criminal Justice, endorsed by this Court in Reid v. State, 235 Ga. 378, 379 (219 SE2d 740) (1975), and Van Alstine v. State, 263 Ga. 1, 2-3 (426 SE2d 360) (1993),

decisions which are to be made by the accused after full consultation with counsel are: (i) what plea to enter; (ii) whether to waive jury trial; (and) (iii) whether to testify. . . . [W]hat trial motions should be made, and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with [the] client.

Where, as here, the evidence of guilt in a death penalty case is overwhelming, the avoidance of a death sentence is a legitimate trial strategy. See, e.g., State v. Hunt, 580 NW2d 110, 114 (Neb. 1998); Covington v. State, 754 SW2d 726 (Tex. App. 1988). See also People v. Jones, 579 NE2d 829 (Ill. 1991); Hodges v. State, 2000 Tenn. Crim. App. LEXIS 810 (2000); Commonwealth v. Tolbert, 299 A2d 252 (Pa. 1973), in which the appellate courts held that an attorney’s strategy to avoid a death sentence by entering a guilty plea was a trial tactic which generally will not support a claim of ineffective assistance of counsel. Trial counsel’s “pursuit of a guilty but mentally ill verdict conformed to a reasonable pattern of trial strategy and advocacy by one familiar with the intricacies of a death penalty case” and “was integral to a trial scheme to avoid a death sentence where evidence of guilt of [the] murder [s] was overwhelming and legitimate factual defenses were non-existent.” Bell v. Evatt, 72 F3d 421, 429-430 (4th Cir. 1995). Since appellant did not establish that trial counsel’s performance was deficient, he did not satisfy the first prong of Strickland v. Washington, supra, and the trial court did not err in denying his motion for new trial based on ineffective assistance of trial counsel.

Judgment affirmed.

All the Justices concur.
1

The crimes were committed on February 19,1991, and appellant, age 17, was arrested the same day. He was indicted for malice murder, felony murder, armed robbery and the firearm possession charge on May 14,1991, and the District Attorney filed notice of intent to seek the death penalty on May 21, 1991. The trial took place December 1-4 and 6-9, 1993, and concluded with the jury’s return of its verdicts. The jury found the existence of several statutory aggravating circumstances, and recommended life imprisonment as the penalty. On December 23, 1993, the trial court filed the sentences it imposed: three consecutive sentences of life imprisonment, followed by a five-year term of imprisonment on the possession conviction. In November 1998, appellant’s motion for out-of-time appeal was granted, and a hearing on his motion for new trial was held in May 1999. The trial court denied the motion for new trial in an order entered on May 19, 1999. A notice of appeal was filed May 28,1999, and the record was docketed in this Court on May 24, 2000. The case was submitted for decision on the briefs.

2

The trial transcript reflects that, after the jury retired to deliberate, appellant stated he had no objections that he could think of regarding the manner in which trial counsel had conducted his defense. After the jury returned its verdicts in the guilt-innocence phase and prior to the beginning of the penalty phase, appellant informed the trial court that he was unhappy with trial counsel’s closing argument in which he had asked the jury to return a verdict of guilty but mentally ill rather than a verdict of not guilty.

3

[C]ounsel’s duty of loyalty and his “overreaching duty to advocate the defendant’s cause” [cit.] ... is limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth . . . [and] counsel is precluded from taking steps or in any way assisting the client in presenting false evidence or otherwise violating the law.

Nix v. Whiteside, 475 U. S. 157, 166 (106 SC 988, 89 LE2d 123) (1986).