Wilson v. State, 686 S.E.2d 104 (Ga. 2009). · Go Syfert
Wilson v. State, 686 S.E.2d 104 (Ga. 2009). Cases Citing This Book View Copy Cite
155 citation events (155 in the last 25 years) across 3 distinct courts.
Strongest positive: Yeomans v. State (alacrimapp, 2013-03-29)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Yeomans v. State (2×) also: Cited as authority (quoted)
Ala. Crim. App. · 2013 · quote attribution · 2 verbatim quotes · confidence high
he decision whether ... to file ... a motion for change of venue, as with other motions, is a matter of trial strategy or tactics....
examined Cited as authority (verbatim quote) Washington v. State (2×) also: Cited as authority (quoted)
Ala. Crim. App. · 2012 · quote attribution · 2 verbatim quotes · confidence high
he decision whether ... to file ... a motion for change of venue, as with other motions, is a matter of trial strategy or tactics....
discussed Cited as authority (quoted) Terrell T. Tolbert v. State (2×) also: Cited "see"
Ga. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
he only means by which may pursue such a claim of ineffective appellate counsel is a habeas corpus proceeding.
discussed Cited as authority (quoted) Anthony v. State (2×) also: Cited "see, e.g."
Ga. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a defendant cannot resuscitate claims of ineffectiveness that are procedurally barred simply by bootstrapping them to a claim of ineffectiveness of appellate counsel.
examined Cited as authority (quoted) Anthony v. State (2×) also: Cited "see, e.g."
Ga. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a defendant cannot resuscitate claims of ineffective assistance that are procedurally barred simply by bootstrapping them to a claim of 7 jackson v. denno, 378 u. s. 368 ( 84 sct 15 1774, 12 le2d 908) (1964). ineffective assistance of appellate counsel.
discussed Cited as authority (quoted) Smart v. State (2×) also: Cited "see"
Ga. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
cannot resuscitate the procedurally barred claims of ineffective assistance of trial counsel by bootstrapping them to a claim of ineffectiveness of appellate counsel.
discussed Cited as authority (quoted) Cowart v. State (2×) also: Cited "see"
Ga. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
cannot resuscitate the procedurally barred claims of ineffective assistance of trial counsel by bootstrapping them to a claim of ineffectiveness of appellate counsel.
examined Cited as authority (quoted) Becoats v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence low
claims of ineffective assistance of appellate counsel may not be used to camouflage issues that should have been raised in a motion for new trial" because "to allow substantive review of such claims would be to promote serial appellate proceedings
examined Cited as authority (quoted) Phyllip Becoats v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence low
claims of ineffective assistance of appellate counsel may not be used to camouflage issues that should have been raised in a motion for new trial" because "to allow substantive review of such claims would be to promote serial appellate proceedings.
discussed Cited as authority (rule) Overstreet v. State (2×)
Ga. · 2021 · confidence medium
“The decision whether to file a motion for change of venue, as with other motions, is a matter of trial strategy or tactics.” (Citation and punctuation omitted.) Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009). “[A] defendant who contends a strategic decision constitutes deficient performance must show that no competent attorney, under similar circumstances, would have made it.” (Citation and punctuation omitted.) Burrell v. State, 301 Ga. 21, 25 (2) (d) ( 799 SE2d 181 ) (2017).
discussed Cited as authority (rule) Bedford v. State (2×)
Ga. · 2021 · confidence medium
See Terrell, 300 Ga. at 87 (3) (“Only where no opportunity existed for the defendant to raise an ineffectiveness claim prior to appeal have cases been remanded for a hearing.”); Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (only where claims of ineffective assistance of counsel are not procedurally barred is remand justified). 24 convictions.
discussed Cited as authority (rule) Tedric Leslie v. State
Ga. Ct. App. · 2020 · confidence medium
“Under such circumstances, [we] will generally remand the case to the trial court for an evidentiary hearing on the issue of ineffective assistance of [post-conviction] counsel, unless [we] can determine from the record that the two-prong test for ineffectiveness cannot be met.” Wilson v. State, 286 Ga. 141, 145 (4) ( 686 SE2d 104 ) (2009) (citations omitted).
examined Cited as authority (rule) Elkins v. State (3×) also: Cited "see", Cited "see, e.g."
Ga. · 2019 · confidence medium
However, it is a “fundamental rule that ineffectiveness claims must be raised at the earliest practicable moment.” Wilson v. State, 286 Ga. 141, 145 ( 686 SE2d 104 ) (2009). “[T]hat moment is before appeal 21 if the opportunity to do so is available.
cited Cited as authority (rule) Davis v. State
Ga. · 2019 · confidence medium
See Lewis v. State, 291 Ga. 273, 280-282 ( 731 SE2d 51 ) (2012); Wilson v. State, 286 Ga. 141, 143-145 ( 686 SE2d 104 ) (2009).
examined Cited as authority (rule) Terrell v. State (3×) also: Cited "see, e.g."
Ga. · 2016 · confidence medium
Compare Lewis, 291 Ga. at 282 (remanding case for a hearing on the issue of ineffective assistance of first appellate counsel); Wilson v. State, 286 Ga. 141, 144-145 ( 686 SE2d 104 ) (2009) (recognizing that ineffective assistance of appellate counsel claims not premised on procedurally barred claims can be raised for the first time on appeal by new appellate counsel and are not limited to habeas review).
cited Cited as authority (rule) Adams v. State
Ga. · 2016 · confidence medium
However, the trial court’s legal conclusions are reviewed de novo.” (Punctuation omitted.) Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Armstrong v. State
Ga. Ct. App. · 2013 · confidence medium
Pretermitting whether his claim against his first appellate counsel is barred, see Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (holding that a defendant cannot resuscitate procedurally barred claims of ineffective assistance of trial counsel simply by bootstrapping them to a claim of ineffectiveness of appellate counsel), we find this claim to be without merit.
discussed Cited as authority (rule) Dexter Otis Armstrong v. State
Ga. Ct. App. · 2013 · confidence medium
Pretermitting whether his claim against his first appellate counsel is barred, see Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (holding that a defendant cannot resuscitate procedurally barred claims of ineffective assistance of trial counsel simply by bootstrapping them to a claim of ineffectiveness of appellate counsel), we find this claim to be without merit.
discussed Cited as authority (rule) Stacey v. State
Ga. · 2013 · confidence medium
To hold otherwise would eviscerate the rule requiring that ineffectiveness claims be raised at the earliest practicable moment.” (Citation and punctuation omitted.) Wilson v. State, 286 Ga. 141, 144 ( 686 SE2d 104 ) (2009).
cited Cited as authority (rule) Raul Lopez v. State
Ga. Ct. App. · 2012 · confidence medium
Bryant v. State, 288 Ga. 876, 885 (8) (a) ( 708 SE2d 362 ) (2011); Wilson v. State, 286 Ga. 141, 142 (2) ( 686 SE2d 104 ) (2009); Warner v. State, 281 Ga. 763, 766 (3) ( 642 SE2d 821 ) (2007).
cited Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2012 · confidence medium
Bryant v. State, 288 Ga. 876, 885 (8) (a) ( 708 SE2d 362 ) (2011); Wilson v. State, 286 Ga. 141, 142 (2) ( 686 SE2d 104 ) (2009); Warner v. State, 281 Ga. 763, 766 (3) ( 642 SE2d 821 ) (2007).
discussed Cited as authority (rule) Mills v. State
Ga. Ct. App. · 2012 · confidence medium
“For instance, a claim that [motion] counsel failed to call a witness, or present other evidence, at a motion for new trial hearing is not procedurally barred and may therefore be raised on appeal by new appellate counsel.” (Citations omitted.) Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Robert Mills v. State
Ga. Ct. App. · 2012 · confidence medium
“For instance, a claim that [motion] counsel failed to call a witness, or present other evidence, at a motion for new trial hearing is not procedurally barred and may therefore be raised on appeal by new appellate counsel.” (Citations omitted.) Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Lewis v. State
Ga. · 2012 · confidence medium
In Wilson v. State, 286 Ga. 141, 144-145 (4) ( 686 SE2d 104 ) (2009), we held that a defendant cannot resuscitate procedurally barred claims of ineffective assistance of trial counsel simply by bootstrapping them to a claim of ineffectiveness of appellate counsel.
discussed Cited as authority (rule) Breedlove v. State
Ga. · 2012 · confidence medium
However, even if it can be said that trial counsel rendered ineffective assistance in this regard, Breedlove cannot prove “that there is a reasonable probability that the trial result would have been different if not for the deficient performance.” (Citation and punctuation omitted.) Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Rogers v. State
Ga. · 2012 · confidence medium
In Wilson v. State, 286 Ga. 141, 144-145 (4) ( 686 SE2d 104 ) (2009), we held that a defendant cannot resuscitate procedurally barred claims of ineffective assistance of trial counsel simply by bootstrapping them to a claim of ineffectiveness of appellate counsel.
cited Cited as authority (rule) Johnson v. State
Ga. · 2011 · confidence medium
(Cit.)’ [Cits.]” Wilson v. State, 286 Ga. 141, 142 (2) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Bell v. State
Ga. Ct. App. · 2010 · confidence medium
Barnes, P. J., and Senior Appellate Judge William LeRoy McMurray, Jr., concur. 1 OCGA § 16-7-1 (a). 2 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 3 Jackson v. State, 301 Ga. App. 863, 863-864 ( 690 SE2d 195 ) (2010). 4 The younger boy did not testify at trial. 5 Duffie v. State, 301 Ga. App. 607, 610-611 (3) ( 688 SE2d 389 ) (2009). 6 Barnes v. State, 269 Ga. 345, 349 (6) ( 496 SE2d 674 ) (1998). 7 Jackson v. State, 220 Ga. App. 98, 98-99 ( 469 SE2d 264 ) (1996). 8 Rakestrau v. State, 278 Ga. 872, 874 (3) ( 608 SE2d 216 ) (2005). 9 Byron v. State, 229 Ga. App. 795, 798 …
discussed Cited as authority (rule) Wallace v. State
Ga. Ct. App. · 2010 · confidence medium
Cason, Assistant District Attorney, for appellee. 1 See “Recommended Instruction of the ABA Criminal Justice Section’s Committee on Rules of Criminal Procedure, Evidence, and Police Practices,” within American Bar Association Criminal Justice Section Report to House of Delegates, August 2008. 2 Morita v. State, 270 Ga. App. 372, 375 (3) ( 606 SE2d 595 ) (2004) (citation omitted); see Walker v. State, 282 Ga. 406, 408 (2) ( 651 SE2d 12 ) (2007). 3 See Skaggs-Ferrell v. State, 266 Ga. App. 248, 252-253 (7) ( 596 SE2d 743 ) (2004). 4 See Suggested Pattern Jury Instructions, Vol. II: Crimina…
cited Cited as authority (rule) Ware v. State
Ga. Ct. App. · 2010 · confidence medium
Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009).
cited Cited as authority (rule) Ward v. State
Ga. Ct. App. · 2010 · confidence medium
Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009). (a) Ward claims harm in that counsel failed to properly object to the introduction of the recording of Neighbors’s interrogation.
cited Cited as authority (rule) McIlwain v. State
Ga. · 2010 · confidence medium
(Cit.)” (Cit.)’ [Cit.]” Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009).
cited Cited as authority (rule) Manley v. State
Ga. · 2010 · confidence medium
Wilson v. State, 286 Ga. 141, 143 ( 686 SE2d 104 ) (2009).
examined Cited as authority (rule) Johnson v. State (4×) also: Cited "see"
Ga. · 2010 · confidence medium
Wilson v. State, 286 Ga. 141, 143 ( 686 SE2d 104 ) (2009).
examined Cited as authority (rule) Dawson v. State (3×) also: Cited "see"
Ga. Ct. App. · 2010 · signal: cf. · confidence medium
Cf. Wilson v. State, 286 Ga. 141, 144-145 (4) ( 686 SE2d 104 ) (2009).
discussed Cited as authority (rule) Allen v. State (2×)
Ga. Ct. App. · 2010 · confidence medium
Recently, in Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009), our Supreme Court quoted the above language from Smith , and found our decisions on this issue “sound,” and our rationale underlying these cases “persuasive.” Id.
examined Cited "see" Jason Jermoine Tucker v. State (3×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (where trial counsel’s effectiveness was raised in a motion for a new trial, “any claims of ineffective assistance by trial counsel not raised at that time are waived”); Wooten v. State, 240 Ga. App. 725, 727 (2) (b) ( 524 SE2d 776 ) (1999) (“The failure of post-judgment counsel to raise a particular ground for ineffective assistance at the new trial hearing waives appellate review.”).
discussed Cited "see" Orlando Jefferson v. State (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 142 (2) ( 686 SE2d 104 ) (2009) (concluding that “a criminal defendant lacks standing to assert another’s privilege against self-incrimination” because “[t]he privilege against self-incrimination is that of the person under examination as a witness and is intended for his protection only”) (citations and punctuation omitted); Lawton v. State, 259 Ga. 855, 856 (2) ( 388 SE2d 691 ) (1990) (defendant could not challenge trial court’s rulings granting a witness immunity from prosecution and requiring the witness to testify at trial because defendant la…
discussed Cited "see" Seabrooks v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 143-145 (4) ( 686 SE2d 104 ) (2009). 4 attorney performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms.
examined Cited "see" Elkins v. State (3×) also: Cited "see, e.g."
Ga. · 2019 · signal: see · confidence high
See id. "[I]ndulging such bootstrapping would eviscerate the fundamental rule that ineffectiveness claims must be raised at the earliest practicable moment and would promote serial appellate proceedings." King , 304 Ga. at 352 , 818 S.E.2d 612 (citation and punctuation omitted).
discussed Cited "see" Mims v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Wilson v. State , 286 Ga. 141 , 143 (3), 686 S.E.2d 104 (2009) (explaining that whether to file a motion to change venue is a matter of trial strategy *334 that generally does not amount to ineffective assistance); see also Burrell v. State , 301 Ga. 21 , 25 (2) (d), 799 S.E.2d 181 (2017) ("[A] defendant who contends a strategic decision constitutes deficient performance must show that no competent attorney, under similar circumstances, would have made it." (citation and punctuation omitted) ).
discussed Cited "see" Mims v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 143 (3) ( 686 SE2d 104 ) (2009) (explaining that whether to file a motion to change venue is a matter of trial strategy that generally does not amount to ineffective assistance); see also Burrell v. State, 301 Ga. 21, 25 (2) (d) ( 799 SE2d 181 ) (2017) (“[A] defendant who contends a strategic decision constitutes deficient performance must show that no competent attorney, under similar circumstances, would have made it.” (citation and punctuation omitted)).
examined Cited "see" King v. State (4×)
Ga. · 2018 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (“Where the issue of trial counsel’s effectiveness has been raised on 5 motion for new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived.” (Citation and punctuation omitted)).
examined Cited "see" King v. State (5×)
Ga. · 2018 · signal: see · confidence high
See Wilson v. State , 286 Ga. 141 , 144 (4), 686 S.E.2d 104 (2009) ("Where the issue of trial counsel's effectiveness has been raised on motion for new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived." (Citation and punctuation omitted) ).
discussed Cited "see" Harris v. State (2×)
Ga. · 2016 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009) (“[w]here the issue of trial counsel’s effectiveness has been raised on motion for new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived,” and the appellant may pursue those additional claims only in habeas). 2 The appellant killed his wife on February 16, 2014.
discussed Cited "see" Romer v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 142 ( 686 SE2d 104 ) (2009) (holding that “a criminal defendant lacks standing to assert [another person’s] privilege against self-incrimination” because “(t)he privilege against self-incrimination is that of the person under examination as a witness and is intended for his protection only” (citations and punctuation omitted)); Garlington v. State, 268 Ga. App. 264, 267 ( 601 SE2d 793 ) (2004) (holding that a defendant lacks standing to seek the exclusion of evidence on the ground that it was taken in violation of someone else’s Miranda rights).
discussed Cited "see" Holloman v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Wilson v. State, 286 Ga. 141, 145 (4) ( 686 SE2d 104 ) (2009).
discussed Cited "see, e.g." Pittmon v. the State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See also Wells v. State, 309 Ga. App. 661, 663-664 (2) (a), (b) ( 710 SE2d 860 ) (2011) (addressing first- and second-degree cruelty to children offenses). 20 See Finch v. State, 287 Ga. App. 319, 321 (1) (b) ( 651 SE2d 478 ) (2007) (“It is the function of the trial court at the hearing on the motion for new trial to determine witness credibility and to resolve any conflicts in the testimony.”). 21 (Citations and punctuation omitted.) McGlocklin v. State, 292 Ga. App. 162, 163 ( 664 SE2d 552 ) (2008). 22 See Wilson v. State, 286 Ga. 141, 144 (4) ( 686 SE2d 104 ) (2009). 23 (Citation omitte…
discussed Cited "see, e.g." Morey v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
See also Wilson v. State, 286 Ga. 141, 144-145 (4) ( 686 SE2d 104 ) (2009), citing Howard with approval.
discussed Cited "see, e.g." Brown v. State (2×)
Ga. · 2011 · signal: see also · confidence medium
See also Wilson v. State, 286 Ga. 141, 145 (4) ( 686 SE2d 104 ) (2009).
Wilson
v.
the State
S09A0809.
Supreme Court of Georgia.
Nov 9, 2009.
686 S.E.2d 104
Ronald S. Boyter, Jr., Deborah J. Poole, for appellant., Spencer Lawton, Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Thurbert E. Baker, Attorney General, David A. Zisook, Assistant Attorney General, for appellee.
Carley, Hunstein, Benham.
Cited by 58 opinions  |  Published
6 passages pin-cited by 8 cases
Pinpoint authority: #2,587 of 633,719
Citer courts: Supreme Court of Georgia (4) · Court of Criminal Appeals of A… (2) · Court of Appeals of Georgia (2)

Lead Opinion

CARLEY, Presiding Justice.

Webster Wilson and two co-defendants were tried before a jury, which found Wilson guilty of felony murder, two counts of aggravated assault, two counts of possession of a firearm during the commission of a crime, and theft by receiving stolen property. The trial court entered judgments of conviction and sentenced Wilson to life imprisonment for felony murder, and to consecutive terms of imprisonment of twenty years for aggravated assault with a deadly weapon, ten years for theft by receiving, and five years for each weapons count. The other aggravated assault verdict was merged into the aggravated assault with a deadly weapon conviction. Wilson[*142] appeals after the denial of a motion for new trial.*

1. Construed most strongly in support of the verdicts, the evidence shows that during an attempted robbery, Wilson hit one victim on the head with a gun, and co-defendant Michael Thorpe shot and killed the other victim. A detailed account of the evidence presented at trial is set forth in our recent opinion affirming Thorpe’s convictions. Thorpe v. State, 285 Ga. 604 (678 SE2d 913) (2009). The evidence was sufficient for a rational trier of fact to find Wilson guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Wilson contends that the trial court committed two errors with regard to the testimony of State witness Rashawn Seabrook. Prior to trial, Seabrook gave a recorded statement to police about incriminating statements made by the co-defendants. At trial, he claimed that his prior statement had been fabricated under pressure from the police, and that he wanted to “plead the Fifth” to avoid incriminating himself for making a false statement. The trial court declined to act on the assertion of the Fifth Amendment right, after which the recorded statement was admitted into evidence and played for the jury.

Wilson asserts that the trial court erred in failing to act on Seabrook’s invocation of his Fifth Amendment privilege. However, a criminal “defendant lacks standing to assert [another’s] privilege against self-incrimination. [Cit.]” Lawton v. State, 259 Ga. 855, 856 (2) (388 SE2d 691) (1990). Indeed, “[t]he privilege against self-incrimination is that of the person under examination as a witness and is intended for his protection only. . . . [Cits.]” Lively v. State, 237 Ga. 35, 36 (226 SE2d 581) (1976).

Wilson also claims that a proper foundation was not laid for admission of the prior inconsistent statement into evidence because Seabrook did not deny making the prior Statement, and instead admitted that he had made it. However, “the fact that the witness admits that he or she made the inconsistent pre-trial statement does not render it inadmissible. [Cit.]” Warner v. State, 281 Ga. 763, 766 (3) (642 SE2d 821) (2007). See also Cummings v. State, 280 Ga. 831, 833 (3) (632 SE2d 152) (2006) (no “denial” requirement for the[*143] admission of a prior inconsistent statement). Therefore, Wilson has failed to show that the trial court erred in admitting the statement into evidence.

3. Wilson claims that his trial counsel was ineffective in failing to move for a change of venue from Chatham County due to media attention and public interest in the case. In order to prevail on a claim of ineffective assistance of counsel under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), Wilson “ ‘must prove both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance. (Cit.)’ [Cit.]” Hill v. State, 284 Ga. 521, 522 (2) (668 SE2d 673) (2008). “ ‘On appeal, this Court accepts the trial court’s findings of fact, unless they are clearly erroneous. However, the trial court’s legal conclusions are reviewed de novo. (Cit.)’ [Cit.]” King v. State, 282 Ga. 505, 506 (2) (651 SE2d 711) (2007).

At the motion for new trial hearing, trial counsel testified that he decided not to seek a change of venue because he had previously tried a similar high profile case in the same county and had obtained a verdict of acquittal in that case, and he believed that the pretrial publicity in the instant case would actually benefit the defense. Based on this testimony, the trial court did not clearly err in finding that the attorney’s strategic decision not to seek a change of venue was not deficient. “[T]he decision whether ... to file ... a motion for change of venue, as with other motions, is a matter of trial strategy or tactics. . . .” White v. State, 221 Ga. App. 860, 864 (3) (473 SE2d 539) (1996). “ ‘As a general rule, matters of reasonable trial strategy and tactics do not amount to ineffective assistance of counsel.’ [Cit.]” Phillips v. State, 285 Ga. 213, 218-219 (5) (a) (675 SE2d 1) (2009). Wilson has thus failed to overcome the strong presumption that the lawyer’s tactical decision “falls within the broad range of professional conduct ([cit.]). . . .” Myers v. State, 275 Ga. 709, 713 (4) (572 SE2d 606) (2002).

4. Wilson’s first appellate counsel filed a motion for new trial that, among other things, asserted ineffective assistance of trial counsel on four grounds. After a hearing at which trial counsel testified, the trial court denied the motion, expressly rejecting the ineffective assistance claims. Wilson, who is now represented by new appellate counsel, contends that his first appellate counsel was ineffective because he should have asserted two additional claims of ineffective assistance of trial counsel in the motion for new trial. Wilson asks that this Court remand the case to the trial court for an evidentiary hearing on the claim.

Wilson does not cite, and we have not found, any authority from this Court establishing that remand is appropriate in a case such as[*144] this, where there is a claim of ineffective assistance of appellate counsel based on a failure to assert a claim of ineffective assistance of trial counsel. However, there is a significant body of case law from our Court of Appeals which addresses this issue. The Court of Appeals has held:

“Where the issue of trial counsel’s effectiveness has been raised on motion for new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived.” [Cit.] Such claims unasserted at the trial level are “procedurally barred.” [Cit.] [Appellant’s] attempt to raise these claims under the guise of an ineffective assistance of appellate counsel claim does not alter our conclusion. “A defendant cannot resuscitate claims of ineffectiveness that are procedurally barred simply by bootstrapping them to a claim of ineffectiveness of appellate counsel. Once a claim is procedurally barred, there is nothing for this Court to review. To hold otherwise would eviscerate the rule requiring that ineffectiveness claims be raised at the earliest practicable moment.” [Cits.]

Smith v. State, 282 Ga. App. 339, 344 (4) (638 SE2d 791) (2006).

This same principle has been applied in many other cases decided by the Court of Appeals, including the following: McGlocklin v. State, 292 Ga. App. 162, 163 (664 SE2d 552) (2008); Howard v. State, 281 Ga. App. 797, 804 (6) (637 SE2d 448) (2006); Godfrey v. State, 274 Ga. App. 237, 242 (2) (617 SE2d 213) (2005); Felton v. State, 270 Ga. App. 449, 454 (3) (606 SE2d 649) (2004); Williams v. State, 270 Ga. App. 371, 372 (2) (606 SE2d 594) (2004); Upshaw v. State, 257 Ga. App. 199, 201-202 (4) (570 SE2d 640) (2002). The Court of Appeals has expressly refused to remand such cases to the trial court, because “[t]he only means by which [an appellant] may pursue [such a] claim of ineffective appellate counsel is a habeas corpus proceeding. [Cits.]” Williams v. State, supra. See also Ellis v. State, 282 Ga. App. 17, 22 (2) (d) (637 SE2d 729) (2006); Mullins v. State, 267 Ga. App. 393, 399 (5) (599 SE2d 340) (2004).

However, the Court of Appeals has also recognized that some claims of ineffective assistance of appellate counsel, which are not premised on a procedurally barred claim of ineffective assistance of trial counsel, can be raised for the first time on appeal, and are not limited to habeas review. For instance, a claim that first appellate counsel failed to call a witness, or present other evidence, at a motion for new trial hearing is not procedurally barred and may therefore be raised on appeal by new appellate counsel. See Hills v. State, 296 Ga. App. 101, 102-103 (673 SE2d 614) (2009); Godfrey v. State, supra.[*145] Under such circumstances, the Court of Appeals will generally remand the case to the trial court for an evidentiary hearing on the issue of ineffective assistance of first appellate counsel, unless it can determine from the record that the two-prong test for ineffectiveness cannot be met. Hills v. State, supra at 103; Godfrey v. State, supra at 241 (2).

The above-cited decisions on this matter are sound, and we find persuasive their underlying rationale that allowing a procedurally barred claim of ineffective assistance of trial counsel to be resuscitated under the guise of a claim of ineffective assistance of appellate counsel would eviscerate the fundamental rule that ineffectiveness claims must be raised at the earliest practicable moment. Furthermore, this rationale is consistent with compelling authority from other jurisdictions which holds that “claims of ineffective assistance of appellate counsel may not be used to camouflage issues that should have been raised . . . in a . . . motion [for new trial]. [Cits.]” Rutherford v. Moore, 774 S2d 637, 643 (Fla. 2000). Indeed, “to allow substantive review of [such] claim[s] would be to promote serial appellate proceedings.” Doppler v. State, 660 NW2d 797, 802 (Minn. 2003). Such an approach would undoubtedly result in “interminable delays” and “serious judicial inefficiencies.” United States v. Reyes-Platero, 224 F3d 1112, 1113 (9th Cir. 2000).

In this case, Wilson cannot resuscitate the procedurally barred claims of ineffective assistance of trial counsel by bootstrapping them to a claim of ineffectiveness of appellate counsel. Accordingly, instead of remanding the case to the trial court to await another evidentiary hearing, we conclude that Wilson may pursue his claim of ineffective appellate counsel only in a habeas corpus proceeding.

Judgment affirmed.

All the Justices concur, except Hunstein, C. J., and Benham, J., who concur in part and dissent in part.

The crimes occurred on December 24, 2005, and the grand jury returned the indictment on April 26, 2006. The jury found Wilson guilty on December Í8, 2006, and the trial court entered judgment on December 19, 2006. Wilson filed a motion for new trial on January 5, 2007. The motion was amended on September 10, 2007, September 24, 2007, and October 8, 2007, and was denied on August 15, 2008. The notice of appeal was filed on September 15, 2008. The case was docketed in this Court on February 4, 2009, and was submitted for decision on the briefs.

Concurrence in Part

HUNSTEIN, Chief Justice,

concurring in part and dissenting in part.

I concur fully in Divisions 1, 2, and 3 of the majority opinion. However, because I would remand Wilson’s ineffective assistance of appellate counsel claims for an evidentiary hearing in the trial court, I must respectfully dissent to Division 4.

Current appellate counsel did not enter an appearance in this case until after appellant’s appeal was docketed in this Court. Thus, because an attorney cannot assert ineffective assistance of counsel claims against himself, see Garland v. State, 283 Ga. 201 (657 SE2d 842) (2008), any errors made by first appellate counsel were incapable of being raised until this appeal. In other words, this is the “‘earliest practicable moment,’” see Glover v. State, 266 Ga. 183, 184 (2) (465 SE2d 659) (1996), at which Wilson could raise the issue[*146] of first appellate counsel’s alleged ineffective assistance. Thus, contrary to the majority’s characterization, allowing these claims to proceed at this point does not “eviscerate” the earliest practicable moment rule but rather honors it.

Decided November 9, 2009. Ronald S. Boyter, Jr., Deborah J. Poole, for appellant. Spencer Lawton, Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Thurbert E. Baker, Attorney General, David A. Zisook, Assistant Attorney General, for appellee.

Furthermore, the approach followed by the Court of Appeals, which the majority adopts herein, is problematic in that it is based on the notion that any ineffective assistance of trial counsel claims not raised on motion for new trial are waived, without acknowledging that it is the ineffectiveness of appellate counsel which is being asserted and which by its very nature could not have been raised in the first motion for new trial. Even more troublesome than this analytical flaw, however, is the practical effect of requiring the deferment of these claims to habeas corpus proceedings. Given that Georgia law does not guarantee the assistance of counsel on habeas corpus, see Gibson v. Turpin, 270 Ga. 855 (1) (513 SE2d 186) (1999), deferring these claims to habeas will in many cases force litigants to assert these claims pro se, to their substantial disadvantage.

For these reasons, I would disapprove the practice of deferring such ineffective assistance of appellate counsel claims to habeas corpus proceedings and thus would remand Wilson’s claims in this regard to the trial court.

I am authorized to state that Justice Benham joins in this concurrence in part and dissent in part.