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trial as lead counsel and that she failed to object because she was nervous, not for strategic reasons. Distinguishing cases where reference to defendant’s silence wasn’t solicited or exploited by prosecutor: “[h]ere, in contrast, the State's conduct was precisely the aggressive exploitation of a defendant's silence that we have repeatedly and unequivocally condemned.” Following State v. Moore, 318 Ga.App. 118, 123(3) (733 S.E.2d 418) (2012) (trial court properly granted motion for new trial based on ineffective assistance of counsel in failing to object to prosecutor’s references to defendant’s silence). Brown v. State, 325 Ga.App. 237, 750 S.E.2d 453 (November 8, 2013). Terroristic threats and related convictions affirmed; no ineffective assistance where counsel failed to object to prosecutor’s single reference to future dangerousness in closing argument. “The prosecutor's remark was an isolated comment during his explanation of the cycle of violence within Brown's and Miller's relationship. The State's single, off-hand comment does not rise to the level of egregiousness necessary to establish prejudice under Strickland. See Hambrick v. State, 278 Ga.App. 768, 771–772(3) (629 S.E.2d 442) (2006).” Clowers v. State, 324 Ga.App. 264, 750 S.E.2d 169 (October 16, 2013). Convictions for obstruction and drug offenses affirmed; no ineffective assistance where counsel failed to object to chain of custody of alleged marijuana. “[T]rial counsel testified at the motion for new trial hearing that he did not assert an objection to chain of custody because his defense was not that the substance was not in fact marijuana, but instead that it belonged to McDaniels and that Clowers had no knowledge of its existence or the sale. ‘[C]ounsel's decisions on which motions and objections to make are matters of trial strategy and tactics that are within the lawyer's exclusive province and do not amount to ineffective assistance of counsel.’ (Punctuation omitted.) Neal v. State, 308 Ga.App. 551, 555(4)(d), 707 S.E.2d 503 (2011).” Darst v. State, 323 Ga.App. 614, 746 S.E.2d 865 (July 16, 2013). Physical precedent only. Convictions for aggravated child molestation reversed, based on ineffective assistance of counsel. Defendant showed that counsel was deficient in multiple ways, and that there is a reasonable probability that the outcome of the trial would have been different but for counsel’s deficient performance. 1. Counsel was deficient in failing to object to harmful “inadmissible hearsay testimony that the children's biological father and uncle had successfully completed psycho-sexual evaluations, as well as hearsay testimony that there had been a recommendation that he submit to a psycho-sexual evaluation, but that it was unclear whether he had done so.” 2. Cumulative effect of counsel’s deficient performance created “is a reasonable probability that the outcome of the trial would have been different.” Citing Perkins v. Hall, 288 Ga. 810, 812–818(II) (708 S.E.2d 335) (2011) (the collective effect of trial counsel's errors resulted in the reversal of the defendant's death sentence).” Counsel here also failed to present evidence from DFCS and school records, and expert witnesses, all of which were shown at motion hearing to be of value, and which counsel failed to pursue by neglect rather than by any strategic decision. Spinks v. State, 322 Ga.App. 387, 745 S.E.2d 653 (June 24, 2013). Burglary and related convictions affirmed; 1. no ineffective assistance where trial counsel elected not to object to hearsay testimony because he thought it might confuse the jury. “‘As a defense attorney, you want things that might confuse a jury.’ This decision not to object was a legitimate trial strategy that falls within the range of professional conduct.” 2. Not ineffective where counsel chose not to object “ in order to preserve credibility with the jury.” Counsel could have objected when officer was asked whether the perpetrator on the video was defendant – something the jury could determine for themselves. But as counsel pointed out at the hearing on motion for new trial, making such an objection risked antagonizing the jury, because “[t]hey had a high definition video of [Spinks] in the same outfit he was pulled over in a half hour later.” Thornton v. State, 292 Ga. 796, 741 S.E.2d 641 (April 15, 2013). Malice murder conviction affirmed; assumes failure to object to admission of defendant’s mug shot was deficient, but harmless in light of overwhelming evidence of guilt. “The introduction into evidence of a defendant's mug shot from a previous crime impermissibly places the defendant's character in issue. Sharpe v. State, 288 Ga. 565(4) (707 S.E.2d 338) (2011). See also Butler v. State, 290 Ga. 425(3) (721 S.E.2d 889) (2012). But see Handley v. State, 289 Ga. 786(2b) (716 S.E.2d 176) (2011) (lead investigator's testimony that he collected ‘mug shots’ of the defendant and others to aid in identifying those who were at the crime scene did not place appellant's character in issue).” Castaneira v. State, 321 Ga.App. 418, 740 S.E.2d 400 (March 26, 2013). Conviction for criminal attempt to commit child molestation, and related offenses, affirmed; no ineffective assistance based on “his lawyer's failure to object to the admission of certain material recovered from the hard drive of his laptop computer. This material, which Castaneira contends unduly prejudiced him, consisted of pornographic images, including videos that showed Castaneira
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