Since the charge conference involves essentially legal argument about which the defendant presumably has no knowledge, he would not have made a meaningful contribution nor gained anything by his presence. Thus, we agree with the conclusion of the Court of Appeals that a charge conference "is not one of those proceedings at which a defendant has an unequivocal right to be present."Aleman v. State, 227 Ga. App. 607, 613 ( 489 S.E.2d 867) (1997). Accord Ricarte v. State, 249 Ga. App. 50 (1) (S.E.2d) (2001) (charge conference does not occur during the presentation of evidence, and is not part of the proceedings); McBride v. State, 213 Ga. App. 857 (11) ( 446 S.E.2d 193) (1994); Simmons v. State, 172 Ga. App. 695 (2) ( 324 S.E.2d 546) (1984) (trial judge is not required to converse with counsel regarding jury instructions).
The decision of whether to file a motion to suppress is a matter of professional judgment, and we will not judge counsel's trial strategy in hindsight. Aleman v. State, 227 Ga. App. 607, 612 (3) ( 489 S.E.2d 867) (1997). Although another lawyer may have conducted the defense in a different manner and taken another course of action, the fact that defendant and his present counsel disagree with the decisions made by trial counsel does not require a finding that defendant's original representation was inadequate.
(Citation and punctuation omitted.) Aleman v. State, 227 Ga. App. 607, 612 (3) (b) ( 489 SE2d 867) (1997). But even assuming that his attorney was deficient in failing to request this instruction, Godfrey has failed to establish how this deficiency prejudiced his defense.
" Scott v. State, 238 Ga. App. 258, 260(2) ( 518 S.E.2d 468) (1999). See also Aleman v. State, 227 Ga. App. 607, 612(3) ( 489 S.E.2d 867) (1997). Furthermore, the transcript reveals that Cupe's counsel did object to the introduction of the videotape during the competency hearing based on the Child Hearsay Statute, O.C.G.A. § 24-3-16.
Johnson, P.J., and Eldridge, J., concur.Aleman v. State, 227 Ga. App. 607, 609(1) ( 489 S.E.2d 867) (1997).Walton v. State, 217 Ga. App. 773, 774(1) ( 459 S.E.2d 184) (1995).
At the hearing on Stillwell's motion for new trial, trial counsel testified that he decided, as a matter of strategy, not to request further relief because he did not want to draw any more attention to the vague statement about Stillwell's background. This strategic decision was not unreasonable, and matters of reasonable trial strategy do not amount to ineffective assistance. See Aleman v. State, 227 Ga. App. 607, 612-613 (3) (d) ( 489 SE2d 867) (1997); see also Evans, supra at 107 (3) (trial strategy and tactics do not constitute ineffective assistance of counsel). (c) During the state's case-in-chief, the prosecutor called Cheryl's father — with whom Stillwell, Cheryl, and the victim lived shortly before Cheryl's death — as a witness.
(Citation and punctuation omitted.) Aleman v. State, 227 Ga. App. 607, 612(3)(b) ( 489 S.E.2d 867) (1997). Further, no showing has been made that a severance motion based on an alleged Bruton violation would have been successful.
Champion has therefore failed to show harm from any alleged deficiency in the extent to which trial counsel interviewed him. See Aleman v. State, 227 Ga. App. 607, 611(3)(a) ( 489 S.E.2d 867) (1997). Champion also asserts that he was prejudiced because trial counsel did not search for and interview exculpatory witnesses.
In fact, Evans himself testified that he took the Palm Pilot from the BMW and later tossed it from the van. Under these circumstances, trial counsel's failure to object to the officers' statements was not ineffective. See, e.g., Aleman v. State, 227 Ga. App. 607, 612 (3) (b) ( 489 S.E.2d 867) (1997) (counsel was not ineffective for failing to object to evidence consistent with defense). (h) Lastly, Watson argues that his lawyer was ineffective for not presenting evidence about Watson's distinctive physical appearance.
Scott v. State, 238 Ga. App. 258, 260 (2) ( 518 S.E.2d 468) (1999). See also Aleman v. State, 227 Ga. App. 607, 612 (3) ( 489 S.E.2d 867) (1997). Thus, we reject Creed's claim of ineffective assistance of counsel on this ground.