☢ test - Í

Shabazz v. State, 293 Ga.App. 560, 667 S.E.2d 414 (September 16, 2008). No ineffective assistance based on counsel’s failure to obtain mental evaluation of defendant, where defendant failed to show that he suffered any prejudice as a result. “Although Shabazz apparently spent time in a mental facility, he refused to provide details about this hospitalization, and he did not present any other evidence that he was, in fact, incompetent.” Martinez v. State, 284 Ga. 138, 663 S.E.2d 675 (July 7, 2008). Malice murder and related convictions affirmed. No ineffective assistance where defense counsel failed to present an insanity defense at trial, despite prior counsel’s filing notice thereof. New counsel “were not bound by the strategy employed by prior counsel, and the fact that they did not take the same defense path does not, in and of itself, demonstrate ineffectiveness. See Williams v. State, 282 Ga. 561, 565(5)(c) (651 S.E.2d 674) (2007). Furthermore, trial counsel provided ample justification for not pursuing a defense involving Martinez's mental health,” including that defendant was not willing to admit beating and killing the victim. Hall v. McPherson, 284 Ga. 219, 663 S.E.2d 659 (June 30, 2008). Habeas court properly overturned defendant’s death penalty based on ineffective assistance, but no ineffective assistance where counsel made strategic decision not to call psychiatrist to testify. “[T]he fact that McPherson’s ‘story’ and some of the comments he made to Dr. Hutto could reasonably be viewed as damaging to McPherson, and the fact that his report is not strongly favorable,” make counsel’s decision arguably reasonable; however, counsel’s failure to provide the psychiatrist with records of defendant’s full mental health history “was unreasonable under the circumstances.” “[T]here was a reasonable probability that, were it not for trial counsel’s deficient performance in investigating and presenting mitigating evidence, at least one juror would have been persuaded to vote for a life or life without parole sentence.” Smith v. State, 283 Ga. 237, 657 S.E.2d 523 (January 28, 2008). Where counsel consulted with medical expert, who rendered unfavorable opinion of available evidence, “[c]ounsel … made a reasonable strategic decision not to pursue further medical evidence in developing Smith’s defense.” Haygood v. State, 289 Ga.App. 187, 656 S.E.2d 541 (January 16, 2008). No ineffective assistance for failure to obtain competency evaluation where counsel had no notice of any competency issues: “Haygood’s trial counsel testified that he did not know of Haygood’s alleged prior history of psychiatric problems; that Haygood appeared to understand the communications that counsel had with him; and that counsel did not explore the need for a psychological evaluation of Haygood because he did not see it as an issue. ‘Nothing in the trial record suggests that [Haygood] was denied a fair trial because his counsel did not investigate his competency.’ (Citation omitted.) Scott [ v. State, 281 Ga.App. 106, 114(4)(b) (635 S.E.2d 582) (2006)] (counsel’s assistance not ineffective where trial counsel did not pursue psychological evaluation of defendant because defendant never indicated lack of understanding of proceedings and appeared to understand counsel’s communications with him).” Byrum v. State, 282 Ga. 608, 652 S.E.2d 557 (October 29, 2007). No ineffective assistance for failure to seek evaluation of defendant’s competency prior to trial, where defendant failed to show on motion for new trial “that [defendant’s] mental competency was or should have been a significant issue at trial and [defendant] offered no evidence at the motion for new trial hearing supporting his claim that a competency evaluation would have revealed any degree of mental retardation. See Bergeson v. State, 272 Ga. 382(2) (530 S.E.2d 190) (2000); Williams v. State, 258 Ga. 281, 290 (368 Ga. 742) (1988).” Accord, Jennings v. State , 282 Ga. 679, 653 S.E.2d 17 (November 5, 2007); Taylor v. State , 282 Ga. 693, 653 S.E.2d 477 (November 21, 2007); Icenhour v. State , 290 Ga.App. 461, 659 S.E.2d 858 (March 24, 2008); Devega v. State , 286 Ga. 448, 689 S.E.2d 293 (February 1, 2010) (“‘“ [I]t is not enough to show merely that counsel unreasonably failed to inquire into his mental state – he must show a [reasonable probability] that such an evaluation would have affected the outcome at trial.” [Cit.]’ Haygood v. State, 289 Ga.App. 187, 193(2)(a) (656 S.E.2d 541) (2008).”); Allen v. State , 302 Ga.App. 190, 690 S.E.2d 492 (February 1, 2010); Adams v. State , 298 Ga. 371, 782 S.E.2d 36 (January 19, 2016). Breland v. State, 285 Ga.App. 251, 648 S.E.2d 389 (May 8, 2007). No ineffective assistance for failure to seek psychiatric evaluation where counsel was not aware of defendant’s condition or prior treatment, although defendant presented expert testimony at motion for new trial hearing opining that she was not criminally responsible at time of homicide. “Counsel did not know that Breland suffered from bipolar disorder, psychosis, or any serious mental illness. Undoubtedly, Breland’s actions on [the date of the homicide here] were bizarre, and she testified that she could not remember stabbing Garland. The State, however, offered evidence that she was intoxicated at the time, and she admitted at trial that she had been drinking. Furthermore, trial counsel used Breland’s behavior and past history of abuse to argue