☢ test - Í
what information might have been revealed pre-trial had counsel interviewed Davis and Washington and how such information would have been helpful to his defense. Counsel thoroughly cross-examined both witnesses and impeached Washington with her various prior inconsistent statements to police investigators regarding the shooting.” Shaw v. State, 286 Ga. 229, 686 S.E.2d 760 (November 23, 2009). At defendant’s murder trial, no ineffective assistance in failing to introduce evidence of victim’s prior conviction for aggravated assault with intent to rape a woman. Defendant here contended that he stabbed and killed victim after victim made a homosexual assault upon defendant. Counsel acknowledged that he was aware of the victim’s prior conviction, but could find no record of it or locate the victim. “It is not deficient performance to fail to introduce evidence of a prior act by the victim if no credible evidence of that act can be found. See Potter v. State, 273 Ga. 325, 326 (540 S.E.2d 184) (2001).” Further, “Shaw does not cite to this Court any authority supporting the conclusion that a prior violent heterosexual assault by Hardwick corroborates Shaw's claim of an attempted violent homosexual assault upon him by Hardwick.” Ransom v. State, 297 Ga.App. 902, 678 S.E.2d 574 (May 15, 2009). No ineffective assistance for failure to hire an investigator to look for missing witness pre-trial. “Trial counsel testified, however, that he did not hire an investigator because he was a former police officer and POST-certified instructor, had taught investigation techniques for a number of years, had 31 years of experience as a criminal defense lawyer, and, as he explained to Ransom, would have been able to locate any legitimate witness who wanted to be found. Furthermore, trial counsel testified that he discussed hiring an investigator with Ransom and his mother but they did not believe it was necessary. Based on this evidence, the trial court did not clearly err in rejecting Ransom's claim that trial counsel rendered ineffective assistance by failing to locate, interview, and secure Lockhart's presence at trial.” Daniels v. State, 296 Ga.App. 795, 676 S.E.2d 13 (March 20, 2009). Aggravated assault and related convictions affirmed. Counsel not ineffective for inadequate preparation. “ Although trial counsel had not interviewed the witnesses prior to trial, he had read the witnesses' statements and had reviewed the state's entire file containing information about the case. Trial counsel had prior experience trying cases involving the same charges that Daniels faced, was familiar with the applicable law, and was not surprised by any of the evidence presented at the trial. Under these circumstances, Daniels had failed to establish that his counsel provided deficient performance as a result of inadequate trial preparation.” Savior v. State, 284 Ga. 488, 668 S.E.2d 695 (October 27, 2008). Malice murder and related convictions affirmed. No ineffective assistance in failing to record witness’s pretrial statements, which they disavowed at trial. “According to trial counsel's testimony at the hearing on Savior's motion for new trial, [witnesses] Gadsen and Gordon had seemed eager to cooperate when he first spoke to them and he thus had no reason to believe they would not do so at trial. Trial counsel thus did not undertake to record their statements or take a witness with him when he spoke with them. Examining counsel's conduct from his perspective at the time of the trial and under the particular circumstances of the case, [cit.] we conclude Savior has not shown that trial counsel failed to exercise reasonable professional judgment in failing to record the statements of the two witnesses.” See also Defrancisco (January 8, 2008), below. Terry v. State, 284 Ga. 119, 663 S.E.2d 704 (July 7, 2008). Malice murder conviction affirmed. “Terry asserts that, prior to trial, counsel failed to interview certain witnesses who were at the scene of the shooting. However, counsel testified that he attempted to interview these witnesses, but they would not speak with him, and thus, this claim of ineffective assistance has no merit. Dixon v. State, 267 Ga. 136, 138(2) (475 S.E.2d 633) (1999).” Accord, Hughes v. State , 323 Ga.App. 4, 746 S.E.2d 648 (July 15, 2013); Davis v. State , 295 Ga. 168, 758 S.E.2d 296 (May 5, 2014). Robbins v. State, 290 Ga.App. 323, 659 S.E.2d 628 (February 20, 2008). No ineffective assistance for failure to interview persons to whom child molesting victim made out-of-court statements; even assuming that failing to interview them was deficient, “Robbins fails to show that there were any discrepancies in the child’s pre-trial statements or how his counsel’s failure to conduct these interviews otherwise affected the outcome of the trial.” Daly v. State, 285 Ga.App. 808, 648 S.E.2d 90 (May 30, 2007). Child molestation and related convictions affirmed. “‘[T]rial counsel is not required to anticipate that ... corroborating witnesses have misled him.’ Nicholson v. State, 265 Ga. 711, 715(4) (462 S.E.2d 144) (1995).” Johnson v. State, 284 Ga.App. 147, 643 S.E.2d 556 (March 13, 2007). Defendant received ineffective assistance where counsel failed to interview witnesses or review discovery pre-trial, and the failures were not a matter of trial srategy. The week before trial, “defense counsel was served with a ‘substantial’ amount of discovery by the State. The
Made with FlippingBook Ebook Creator