☢ test - Í

judgment and did not fall outside the wide range of professional conduct.’ [Cits.]” “‘Rather than focusing on what [the additional evidence] would have shown had it been sought, the proper emphasis is on whether counsel's actions, under the circumstances then existing, were reasonable.’ Belton v. State, 270 Ga. 671, 673(3), 512 S.E.2d 614 (1999) (citations and punctuation omitted); see Dewberry v. State, 271 Ga. 624, 625(2), 523 S.E.2d 26 (1999) (stating that whether an attorney's trial tactics are reasonable is a question of law, not fact).” Ward v. State, 292 Ga. 637, 740 S.E.2d 112 (March 18, 2013). Murder and related convictions affirmed; no ineffective assistance where defense counsel failed to ask court to grant use immunity to defense witness who invoked his right not to incriminate himself. “ As Ward correctly concedes, this Court has never directly held that a defendant, as opposed to the State, may properly request a trial court to extend use immunity to a defense witness. See, e.g., Dampier v. State, 249 Ga. 299, 301, 290 S.E.2d 431 (1982); Goodman v. State, 255 Ga. 226(11), 336 S.E.2d 757 (1985). While there may be some precedent for such an action in other jurisdictions, see Government of the Virgin Islands v. Smith, 615 F.2d 964, 974(III)(B) (3 rd Cir., 1980), there is none here in Georgia. Under such circumstances, it cannot be said that trial counsel was ineffective for failing to demand that the trial court take an action for which there is no current Georgia authority.” King v. State, 320 Ga.App. 90, 739 S.E.2d 654 (February 14, 2013). Conviction for aggravated sodomy affirmed; no ineffective assistance for failure to present evidence counsel thought the jury would not find believable. Defendant contended that the injuries to the child victim’s butt were caused by falling on some two-by-four boards; counsel declined to submit photographs of the boards. “‘An attorney's decisions on which witnesses to call, what evidence to introduce[,] and which defenses to pursue are matters of trial tactics that do not amount to ineffective assistance of counsel. Such tactical decisions provide no grounds for reversal unless they are so patently unreasonable that no competent attorney would have chosen them.’ (Footnotes and punctuation omitted.) Davis v. State, 311 Ga.App. 699, 701(2) (716 S.E.2d 710) (2011) (trial counsel's strategic decision not to introduce physical evidence did not constitute ineffective assistance).” Pate v. State, 318 Ga.App. 526, 734 S.E.2d 255 (November 15, 2012). Conviction for selling cocaine affirmed; no ineffective assistance shown in failure to object to evidence of field tests of suspected cocaine. “‘[C]hemical field tests of suspected cocaine are not novel, and have been widely accepted in Georgia courts. Indeed, in prior cases involving such chemical field testing, we have expressly stated that we have found no case where the results of a chemical field test have been held inadmissible, and instead have indicated that the proper trial procedure is to admit the chemical field test results and then allow for a thorough and sifting cross-examination by defense counsel as to the reliability of the testing technique, as occurred in the present case.’ (Citations and punctuation omitted.) [ Fortune v. State, 304 Ga.App. 294, 299(2) (696 S.E.2d 120) (2010)].” Defendant shows no prejudice from his counsel’s failure to object to the particular test used here, the “NarcoPouch.” “For example, Pate did not show that the NarcoPouch is not based on scientific principles or the laws of nature, or that its methods lacked verifiable certainty.” Thus, ineffective assistance not shown. Welch v. State, 318 Ga.App. 202, 733 S.E.2d 482 (October 25, 2012). Child molestation convictions affirmed. “Making the decision not to call a child victim is a reasonable trial strategy, particularly when the child's recantation is already in the record. Moreover, because Welch failed to establish that R.F.'s trial testimony would have been favorable to him, whether her testimony would have affected the outcome of the trial is pure speculation.” Chalk v. State, 318 Ga.App. 45, 733 S.E.2d 351 (October 16, 2012). Convictions for child molestation and related offenses affirmed; no ineffective assistance for failing to preserve testimony of defendant’s dying father by deposition. Although father might have provided defendant an alibi, “portions of his testimony would not be beneficial to the defense. Counsel's decision not to depose Jay Chalk under the circumstances was a reasonable strategy and did not constitute ineffective assistance of counsel. Cf. Polite v. State, 273 Ga.App. 235, 240(5), 614 S.E.2d 849 (2005) (trial counsel was not ineffective for deciding not to call a potential witness who would have revealed unfavorable information about the defendant).” In any event, father’s statements to police were presented at trial by defendant’s mother, under the necessity exception. State v. Crapp, 317 Ga.App. 744, 732 S.E.2d 806 (October 2, 2012). Following defendant’s convictions for armed robbery and related offenses, trial court properly granted motion for new trial, “finding that Crapp had been denied the effective assistance of counsel because defense counsel did not corroborate Crapp's defense with evidence that he possessed.” Defendant here was identified only by a drug dealer, Simpson. The victim, Strawder, testified that she was kidnapped and made to go with her abductor to Simpson’s house to buy drugs, but she couldn’t identify her kidnapper. Simpson said it was Crapp. Crapp testified, denying the allegations, and said that Simpson was motivated to lie about him