☢ test - Í

be excused. Bennett v. State, 279 Ga.App. 371, 631 S.E.2d 402 (May 12, 2006). “‘[A] conference ‘of limited scope’ involving only the trial court and counsel is not ‘a “critical” stage of the proceedings.’ Ferrell v. State, 261 Ga. 115, 122-123(12) (401 S.E.2d 741) (1991). No juror was present at the bench conference. Moreover, Bennett ‘could not have made a meaningful contribution’ to the bench conference. (Citations and punctuation omitted.) Barrett v. State, 275 Ga. 669, 671- 672(4) (571 S.E.2d 803) (2002). ‘[T]here was simply no error in proceeding with the limited inquiry outside the presence of the defendant.’ Coburn v. State, 252 Ga.App. 315, 318(2) (555 S.E.2d 750) (2001) (brief colloquy with alternate juror re alleged misconduct). Trial counsel’s failure to object to this brief conference therefore was not ineffective.” Bench conference here concerned potential juror’s possible familiarity with victim’s family; conference was brief, and further voir dire ensued. Silvers v. State, 278 Ga. 45, 597 S.E.2d 373 (June 7, 2004). Attorney’s unauthorized waiver of defendant’s presence at Jackson-Denno hearing resulted in no harm to defendant where his statement was consistent with his defense. 36. DEFENDANT’S TESTIMONY/SILENCE Owens v. State, S16A0058, ___ Ga. ___, 783 S.E.2d 611, 2016 WL 856826 (March 7, 2016). Felony murder conviction affirmed; no ineffective assistance in direct examination of defendant, who insisted on testifying against counsel’s advice. “Owens contends that her trial counsel rendered ineffective assistance because he did not refrain from asking her questions after she decided to take the stand in her own defense. Owens argues that, by asking Owens questions, trial counsel somehow abdicated his duty to his client. This argument is misplaced. … A review of the transcript shows that trial counsel carefully asked Owens a series of questions that allowed her to recount the incident in question in a chronological manner. Trial counsel also asked questions that provided at least some facts that assisted in his argument that Owens acted in response to [victim] Janes’s sexual advances, including Owens’s testimony that Janes grabbed her buttocks forcefully. The transcript, therefore, indicates that trial counsel did not abdicate his duty to his client. Quite the opposite, he strategically questioned Owens to both honor her right to testify and preserve her defense to the extent possible.” Adams v. State, 298 Ga. 371, 782 S.E.2d 36 (January 19, 2016). Malice murder conviction affirmed; no ineffective assistance of counsel in advising defendant about testifying and preparing him to testify. “ Adams acknowledged during the motion for new trial hearing that he was specifically advised by trial counsel that his testimony might be beneficial and that he reached his decision following that discussion. Further, the trial transcript reflects that the trial court engaged in two on-the-record colloquies with Adams regarding his right and decision to testify; Adams, who had been sworn in, articulated that he understood the trial court’s advice regarding his right to testify. Additionally, the trial court engaged in an on-the-record colloquy with trial counsel regarding Adams’ decision. During that colloquy, trial counsel explicitly stated that Adams had been advised of his rights by counsel in the presence of Dr. Sachy, that Adams appeared to understand his rights and options, and that Adams had been advised that it was ultimately his decision whether to testify. The record supports the trial court’s factual findings, and those findings support the conclusion that trial counsel adequately advised Adams regarding his right to testify. See Potter v. State, 273 Ga. 325, 327 (540 S.E.2d 184) (2001) (recognizing that ‘“whether or not to testify in one’s own defense is considered a tactical decision to be made by the defendant himself after consultation with his trial counsel”’). Moreover, the record also supports the trial court’s finding that there is no evidence of prejudice here. While Adams suggests that trial counsel believed that Adams’ testimony ‘did not go as well as he would have liked,’ Adams points to nothing that demonstrates how the last-minute decision impacted his trial or whether additional consultation or preparation would have significantly altered Adams’ trial testimony or decision to testify.” Calhoun v. State, 327 Ga.App. 683, 761 S.E.2d 91 (June 23, 2014). Aggravated child molestation and related convictions affirmed; no ineffective assistance in counsel’s advice that defendant not testify, based on defendant’s prior convictions. “‘[Calhoun] did not produce evidence as to what he should have known at the time of his decision about whether to testify that he did not, nor how that information would have altered his decision.’ (Citation and punctuation omitted.) Jacobs v. State, 299 Ga.App. 368, 373(2)(b), 683 S.E.2d 64 (2009). The record shows that trial counsel discussed with Calhoun his right to testify and Calhoun chose not to testify after being fully informed. The evidence supports the conclusion that Calhoun failed to meet his burden of showing ineffective assistance. Lupoe v. State, 284 Ga. 576, 579(3)(d), 669 S.E.2d 133 (2008).” Lewis v. State, 294 Ga. 526, 755 S.E.2d 156 (February 24, 2014). Malice murder and related convictions affirmed; no