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Goggins v. State, 330 Ga.App. 350, 767 S.E.2d 753 (October 8, 2014). Child molestation conviction affirmed; no ineffective assistance in failing to move for continuance after late disclosure of damaging allegation by victim. Defendant was charged with molestation by showing victim him penis; five days before trial, victim told prosecutor that defendant also put his penis in her mouth. “At the hearing on the motion for new trial, Goggins' trial counsel testified that he and Goggins discussed the issue of whether to request a continuance, and trial counsel advised Goggins that a continuance would give the State an opportunity to re-indict him for aggravated child molestation, a charge which carries a potential life sentence. Goggins and his trial counsel also discussed the effect a continuance may have had on the availability of his witnesses , and there was also a concern that an unfavorable witness who had initially indicated that she would not testify at trial might change her mind and testify if the trial was delayed. Ultimately, Goggins told his trial counsel that he did not want to delay the trial. After considering these factors, Goggins' trial counsel decided not to request a continuance. The record also shows that Goggins' trial counsel used L.G.'s late disclosure of the oral sex to attack her credibility at trial.” Thus, the decision not to seek a continuance “was based on reasonable tactics and strategy.” Bagwell v. State, 329 Ga.App. 122, 764 S.E.2d 149 (September 24, 2014). Convictions for aggravated child molestation and related offenses affirmed; no ineffective assistance based on failure to ask for continuance “to review subpoenaed materials that the lawyer received from the state on the morning of trial. Purportedly, these were training materials that had been used by the individual who conducted the forensic interview of K.B. in 2007.” “At the motion for new trial hearing, Bagwell made only a vague claim that his trial lawyer would have been better prepared had he been granted a continuance, and he cited nothing in the materials nor showed how any part(s) thereof might have been helpful to the defense. Pretermitting whether it constituted deficient performance to fail to request a continuance, we conclude that Bagwell failed to show any prejudice.” Counsel had cross-examined the witness in prior cases, was familiar with her, and testified that he had thus already prepared for cross-examining her in the instant case.” Geiger v. State, 295 Ga. 648, 763 S.E.2d 453 (September 22, 2014). Murder and related convictions affirmed. Defendant failed to show that trial counsel was deficient in failing to seek a continuance to test shell casings. “The trial court granted Geiger's first request for a continuance on September 26, 2005 in order to give Geiger additional time to have the shell casing independently tested. However, he failed to have the casing tested at any time prior to the rescheduled November 14, 2005 trial date. Nor did he have the shell casing tested at any time prior to the motion for a new trial hearing in order to show at the hearing that any independent testing results would have been favorable to him at his trial. [fn] Because of this, Geiger cannot show harm from the trial court's denial of his second motion for a continuance on the basis that he was allegedly improperly denied the opportunity to independently test the shell casing. See Williams v. State, 317 Ga.App. 248, 256(3) (730 S.E.2d 726) (2012) (defendant failed to show prejudice from denial of his motion for a continuance where he presented no evidence at motion for new trial hearing to indicate that his defense would have benefitted from further questioning a witness regarding the location of material evidence).” Manaois v. State, 300 Ga.App. 176, 684 S.E.2d 315 (September 22, 2009). No ineffective assistance where trial counsel elected not to seek continuance to find potential witness identified for the first time at trial – girlfriend of victim. Witness’s whereabouts were unknown, counsel expected that witness, if found, would be unfavorable, and in any event didn’t expect continuance to be granted. “Counsel's decision not to seek a continuance was reasonable under the circumstances, and the trial court did not err in denying Manaois's claim of ineffective assistance of trial counsel.” Self v State, 288 Ga.App. 77, 653 S.E.2d 787 (October 25, 2007). No ineffective assistance where trial counsel failed to seek continuance, to obtain the testimony of the arresting officer (who was not at trial). “At the hearing on Self’s motion for new trial, counsel testified that he discussed obtaining a continuance with his client for other reasons, but decided against doing so because a later trial would have afforded the State the opportunity to call witnesses whose voices appeared on the 911 tape. Proceeding without the arresting officer also allowed Self to impeach the testifying ex-officer with the arresting officer’s report. The trial court was authorized to conclude that the decision not to ask for a continuance fell within the bounds of reasonable trial strategy. See Herring v. State, 277 Ga. 317, 319-320(6)(a) (588 S.E.2d 711) (2003) (counsel’s decision not to seek continuance in order to prevent the State from accurately recharging defendant was reasonable trial strategy).” Williams v. State, 282 Ga. 561, 651 S.E.2d 674 (September 24, 2007). No ineffective assistance where counsel, appointed three days before scheduled trial, sought continuance, thus waiving defendant’s statutory speedy trial demand. “[I]t is a reasonable strategy for counsel to be prepared for trial.”

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