☢ test - Í

Sears v. State, 292 Ga. 64, 734 S.E.2d 345 (November 19, 2012). Murder conviction affirmed; no ineffective assistance for failure to prepare defendant to testify. Counsel asked defendant on direct about prior convictions, to blunt the prosecution’s use of them, but defendant “‘volunteered at trial that he had been convicted of ‘“a whole series of other charges that we didn't have proof of[.]’ [fn] There is nothing to suggest that the lawyer should have known about these additional convictions or should have anticipated that Sears would bring them up for the first time while testifying. Because we are required to evaluate the conduct of Sears's trial lawyer from his perspective at the time and ‘to eliminate the distorting effects of hindsight,’ see Johnson v. State, 286 Ga. 787, 791(2), 692 S.E.2d 575 (2010), we conclude that the performance of the lawyer as it relates to preparing Sears to testify about his prior convictions was not deficient. [fn] Compare Dixon v. State, 268 Ga.App. 215, 220–221(2)(b), 601 S.E.2d 748 (2004) (trial lawyer's performance was deficient because she introduced evidence of a prior conviction based on her mistaken belief that it was already in evidence; but deficiency still did not amount to ineffective assistance because evidence of guilt was overwhelming).” Alexander v. State, 319 Ga.App. 199, 734 S.E.2d 432 (November 16, 2012). Convictions for battery and related offenses affirmed; no ineffective assistance based on failure to object to victim’s references to a “TPO” against defendant. “[T]rial counsel elicited the first reference to the protective order during a line of questioning showing that the girlfriend had never asked Alexander to stop contacting her and that he ultimately did stop contacting her altogether. This questioning reflects a reasonable trial strategy of attempting to show that the girlfriend did not explicitly end the relationship and that Alexander ultimately did respect her wishes to cease contact. That trial counsel might regret this line of questioning after the fact does not demonstrate deficient performance because the inquiry in an ineffective assistance claim ‘focuses on the reasonableness of counsel's conduct from counsel's perspective at the time of trial. Thus, the courts will not second-guess counsel's decisions concerning matters of trial strategy and tactics.’ (Punctuation omitted.) Smith v. State, 261 Ga.App. 25, 27(3), 581 S.E.2d 673 (2003). Further, the protective order is indicative of a subsequent difficulty between the victim and Alexander,” and thus admissible, anyway. May v. State, 316 Ga.App. 403, 729 S.E.2d 545 (June 26, 2012). Robbery conviction affirmed; no ineffective assistance in “eliciting testimony into evidence that May had drugs in his possession when he was arrested. The testimony which May claims was objectionable occurred after the arrested officer testified that May had fled from police when they served May with an arrest warrant. During cross-examination of the witness, trial counsel asked if May had drugs in his possession seemingly, as a possible explanation for why he had fled from police. We do not find counsel's performance deficient in this regard.” Green v. State, 291 Ga. 287, 728 S.E.2d 668 (June 25, 2012). Malice murder and related convictions affirmed; no ineffective assistance in mentioning defendant’s prior burglary conviction. “As the statement about Appellant's burglary conviction avoided harmful speculation by the jury that Appellant's prior offense involved violence, ‘counsel's reasonable strategic decision does not amount to ineffective assistance . [Cit.]’ Brooks v. State, 281 Ga. 14, 19(3), 635 S.E.2d 723 (2006).” Mathis v. State, 291 Ga. 268, 728 S.E.2d 661 (June 25, 2012). Malice murder and related convictions affirmed; no ineffective assistance in presenting or allowing witnesses who unexpectedly gave damaging testimony, where counsel reasonably expected, based on pretrial investigation that witnesses would be helpful or at most not harmful. Bentley v. State, 314 Ga.App. 599, 724 S.E.2d 890 (March 5, 2012). Child molestation conviction affirmed; no ineffective assistance in presenting evidence that defendant had recently been released from prison for a separate offense. “At the hearing on Bentley's motion for new trial, trial counsel testified that the defense strategy was to elicit testimony showing that the victim's mother made false accusations of child molestation in furtherance of her threats to send him back to prison . To the extent trial counsel needed to refer to Bentley's recent release from prison to expose the motive of the victim's mother, her trial strategy did not amount to ineffective assistance of counsel.” Battles v. State, 290 Ga. 226, 719 S.E.2d 423 (November 7, 2011). Malice murder and related convictions affirmed; no ineffective assistance where counsel impeached his own witness, blunting the prosecution’s attack. “The prosecution was poised to impeach Dr. Gartmond's credibility by showing that her license was suspended. It was reasonable for trial counsel to preempt this line of attack by showing that Gartmond was suspended for reasons unrelated to her medical expertise.” Donald v. State, 312 Ga.App. 222, 718 S.E.2d 81 (October 21, 2011). Armed robbery and related convictions affirmed; 1.