☢ test - Í
Johnson v. State, 260 Ga.App. 413, 579 S.E.2d 809 (March 19, 2003). Defendant cannot “demonstrate prejudice from counsel’s failure to call witnesses ‘in the absence of a showing that such evidence would have been relevant and favorable’ to him.” Accord, Overby v. State , 270 Ga.App. 159, 605 S.E.2d 870 (October 21, 2004); Duvall v. State , 273 Ga.App. 143, 614 S.E.2d 234 (May 2, 2005); Anthony v. State , 275 Ga.App. 274, 620 S.E.2d 491 (August 30, 2005) (“If a missing witness does not testify at the motion for new trial hearing, there is no evidence supporting the claim that the witness is crucial to the defense.”); Middlebrooks v. State , 289 Ga.App. 91, 656 S.E.2d 224 (January 4, 2008); McRae v. State , 289 Ga.App. 418, 657 S.E.2d 323 (January 31, 2008); Holsey v. State , 291 Ga.App. 216, 661 S.E.2d 621 (April 17, 2008); Sanders v. State , 293 Ga.App. 534, 667 S.E.2d 396 (September 15, 2008); Ravon v. State , 297 Ga.App. 643, 678 S.E.2d 107 (April 29, 2009); Sarratt v. State , 299 Ga.App. 568, 683 S.E.2d 10 (July 10, 2009); Miller v. State , 305 Ga.App. 620, 700 S.E.2d 617 (August 19, 2010); Boykins-White v. State , 305 Ga.App. 827, 701 S.E.2d 221 (September 7, 2010); Jennings v. State , 288 Ga. 120, 702 S.E.2d 151 (November 1, 2010); Presley v. State , 307 Ga.App. 528, 705 S.E.2d 870 (January 5, 2011); Newsome v. State , 288 Ga. 647, 706 S.E.2d 436 (February 28, 2011); Alvarez v. State , 309 Ga.App. 462, 710 S.E.2d 583 (April 19, 2011); Martinez v. State , 289 Ga. 160, 709 S.E.2d 797 (April 26, 2011); Gant v. State , 313 Ga.App. 329, 721 S.E.2d 913 (December 15, 2011); Sevostiyanova v. State , 313 Ga.App. 729, 722 S.E.2d 333 (January 12, 2012) (Hit and run and related convictions affirmed; no ineffective assistance for failure to present evidence that was unavailable or that counsel deemed irrelevant or harmful); Grell v. State , 291 Ga. 615, 732 S.E.2d 741 (October 1, 2012); Mingledolph v. State , 324 Ga.App. 157, 749 S.E.2d 757 (October 8, 2013); Crowder v. State , 294 Ga. 167, 751 S.E.2d 334 (November 18, 2013); Ensley v. State , 294 Ga. 200, 751 S.E.2d 396 (November 18, 2013); Washington v. State , 294 Ga. 560, 755 S.E.2d 160 (February 24, 2014); Dubose v. State , 294 Ga. 579, 755 S.E.2d 174 (February 24, 2014); Bagwell v. State , 329 Ga.App. 122, 764 S.E.2d 149 (September 24, 2014); Styles v. State , 329 Ga.App. 143, 764 S.E.2d 166 (September 24, 2014); Lowe v. State , S15A1691, ___ Ga. ___, 783 S.E.2d 111, 2016 WL 687315 (February 22, 2016); Goodrum v. State , 335 Ga.App. 831, 783 S.E.2d 354 (February 25, 2016); Smith v. State , A16A0299, ___ Ga.App. ___, ___ S.E.2d ___, 2016 WL 1577170 (April 20, 2016). Paul v. State, 257 Ga.App. 86, 570 S.E.2d 399 (August 20, 2002). Counsel’s decision not to introduce evidence which was not central to the defense will not be second guessed on review. Followed in Dudley v. State , 264 Ga.App. 845, 592 S.E.2d 489 (December 18, 2003). Blouin v. State, 255 Ga.App. 788, 567 S.E.2d 39 (June 13, 2002). Counsel forgetting to call a key witness (as opposed to making a strategic decision not to call the witness) is error which falls outside the “wide range of professional assistance considered reasonable.” Where that witness is unavailable, but the witness has previously testified on the record, failure to obtain and tender into evidence the transcript of that testimony is tantamount to forgetting to call the witness. Jack v. State, 245 Ga.App. 216, 536 S.E.2d 235 (June 22, 2000). Aggravated assault and related convictions affirmed; no ineffective assistance where counsel chose to forego evidence to preserve the right to first and last closing argument. “That Jack's current appellate attorney would have opted to lose final closing argument by presenting additional evidence of the victim's intoxication and of Jack's facial injuries does not render trial counsel's contrary decision ineffective.” Camphor v. State , 272 Ga. 408, 529 S.E.2d 121 (May 1, 2000). Malice murder, aggravated stalking and related convictions affirmed; no ineffective assistance in failing to call police officer as witness. Counsel elected not to call officer whose incident report conflicted with testimony of defendant’s ex-wife; counsel feared that officer “might clarify his report in a way that would harm Camphor's defense, and because the information came in through the children who testified that their mother was not in a position to have witnessed the shooting.” Accord, McDuffie (November 16, 2015), above (not ineffective to decline to call GBI agent as witness). Pittman v. State , 243 Ga.App. 564, 533 S.E.2d 769 (April 13, 2000). Conviction for child molestation affirmed; no ineffective assistance for failure to present “witness who purportedly would have testified that the victim had falsely accused him of molesting her.” “Trial counsel testified at the [motion for new trial] hearing that although [witness] Robinson would have stated that the victim had falsely accused him of sexual abuse, Robinson was privy to other information that may have been damaging to Pittman's case” and would have contradicted defendant’s own testimony. Cromartie v. State, 241 Ga.App. 718, 527 S.E.2d 228 (December 15, 1999). Defendant’s convictions for cocaine trafficking and related offenses affirmed; no ineffective assistance for failure to present witness whom defendant “told his trial counsel that he, Cromartie, would produce.” Witness lived in Miami and failed to appear for trial to
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