☢ test - Í
decision does not amount to ineffective assistance. See Smith v. State, 283 Ga. 237(2)(b) (657 S.E.2d 523) (2008); see also Polk v. State, 275 Ga.App. 467, 470(3) (620 S.E.2d 857) (2005) (‘The mere waiver of an opening statement can be characterized as a trial tactic which cannot be equated to ineffective assistance of counsel’) (footnote and punctuation omitted); King v. State, 241 Ga. App 894, 895(3)(a) (528 S.E.2d 535) (2000) (counsel's decision to waive opening statement was considered a matter of reasonable trial strategy and did not amount to ineffective assistance).” Jarvis v. State, 285 Ga. 787, 683 S.E.2d 606 (September 28, 2009). No ineffective assistance where counsel failed to present evidence supporting his claim in opening statement that the murder victim had violent propensities. “In regard to any asserted harm to Jarvis from trial counsel's unfulfilled expectations expressed during opening statement, the trial court instructed the jury that ‘an opening statement is the attorneys' opportunity to talk to you about what they anticipate the evidence in the case will be ... what [the attorneys] say to you is not evidence.’ This instruction mitigates the prejudicial effect, if any, resulting from counsel's failure to present the hoped for evidence. Brown v. State, 288 Ga.App. 671, 673(1)(c) (655 S.E.2d 287) (2007).” Horne v. State, 298 Ga.App. 601, 680 S.E.2d 616 (June 29, 2009). Counsel’s decision to forego opening statement was strategic and not unreasonable, as “he wanted to get into his evidence more quickly and he thought the case was proceeding well for them.” See also Lawrence (January 25, 2010), above. Daniels v. State, 296 Ga.App. 795, 676 S.E.2d 13 (March 20, 2009). Prosecutor’s reference in opening statement to incident as an armed robbery was improper where defendant wasn’t charged with that offense; but no ineffective assistance for failing to object to the reference where defense counsel and court clearly stated the charges against defendant. Watkins v. State, 285 Ga. 107, 674 S.E.2d 275 (March 9, 2009). No ineffective assistance where defense counsel told jury in opening statement that defendant would testify, but then made strategic decision for defendant not to testify because “he believed the State had failed to carry its burden.” “‘Defense counsel is given wide latitude in making opening statements and closing arguments. This Court will not, with benefit of hindsight, second-guess defense trial strategies therein. Absent a strong showing that counsel's actions were not reasonable, we will presume that these strategies were not deficient.’ Muller v. State, 284 Ga. 70(3) (663 S.E.2d 206) (2008). The decision not to present [defendant’s] testimony was a reasonable strategic decision in light of counsel's assessment of the case at the close of the State's case and, consequently, cannot support an ineffective assistance of counsel claim. Id. (counsel was not deficient when he did not present certain evidence and advised client not to testify when he believed the State failed to meet its burden).” Phillips v. State, 285 Ga. 213, 675 S.E.2d 1 (February 9, 2009). “Whether to object to the content of an opening statement is a tactical decision ( Caylor v. State, 255 Ga.App. 362(2) (566 S.E.2d 33) (2002)), and trial counsel's reasonable tactical decision not to object to the ADA's referral to [defendant] as a convicted felon did not constitute deficient performance.” Accord, Raymond v. State , 298 Ga.App. 549, 680 S.E.2d 598 (June 25, 2009); Poole v. State , 291 Ga. 848, 734 S.E.2d 1 (November 5, 2012) (no ineffective assistance in failing to object to opening statement referencing defendant’s prior felony convictions, which were relevant to defendant’s firearms and felony murder charges); Robinson v. State , 298 Ga. 455, 782 S.E.2d 657 (February 8, 2016). Wilcox v. State, 297 Ga.App. 201, 677 S.E.2d 142 (January 27, 2009). No ineffective assistance shown from counsel’s failure to object to reference, in prosecutor’s opening statement, to co-defendant’s guilty pleas, where trial court charged jury that statements in opening statements are not evidence, although the indictment, also showing the co-defendant’s plea, was sent out with the jury during deliberations. “Considering the trial court's multiple instructions to the jury that it should not consider either the indictment or the opening statement as evidence, Wilcox has not shown that there is a reasonable probability that the outcome of the trial would have been different if his counsel had objected to the prosecutor's reference to Docks's guilty plea during opening statement or to the unredacted indictment.” Distinguished, Cabrera v. State , 303 Ga.App. 646, 694 S.E.2d 720 (April 12, 2010) (“in Wilcox, the evidence brought before the jury was the mere fact that the co-defendant had pled guilty. In this case, Arroyo was called to the witness stand and asked numerous questions inculpating Cabrera in the crime, all of which Arroyo refused to answer. Based upon the particular facts and circumstances of this case, trial counsel provided ineffective assistance of counsel by failing to object” to the Confrontation Clause violation). Hargett v. State, 285 Ga. 82, 674 S.E.2d 261 (January 26, 2009). No ineffective assistance from failure to object to
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