(Citation omitted.) Bradley v. State, 322 Ga.App. 541, 545(3)(a), 745 S.E.2d 763 (2013). Because there was no impeachment by use of a prior felony conviction, Curtis would not have been entitled to an instruction on that basis and trial counsel was not deficient in failing to request it.
When a claim of ineffective assistance is based on the failure to request a jury charge, the relevant inquiry is whether the charge, if it had been requested, was warranted by the evidence, and if it had been given, whether there is a reasonable probability that it would have changed the outcome of the trial. Bradley v. State , 322 Ga. App. 541, 545 (3) (a), 745 S.E.2d 763 (2013) (citation and punctuation omitted). Applying this standard to Johnson's claims, we find no ineffective assistance.
"When a claim of ineffective assistance is based on the failure to request a jury charge, the relevant inquiry is whether the charge, if it had been requested, was warranted by the evidence, and if it had been given, whether there is a reasonable probability that it would have changed the outcome of the trial." Bradley v. State , 322 Ga. App. 541, 545 (3) (a), 745 S.E.2d 763 (2013) (citation and punctuation omitted). Although the trial court gave a jury instruction on self-defense, Mullins's trial counsel did not request a jury instruction on accident.
"When claiming ineffectiveness for failure to file a motion to suppress, an appellant must establish a strong showing that the evidence would have been suppressed had a motion to suppress been filed."Bradley v. State , 322 Ga. App. 541, 548 (3) (c), 745 S.E.2d 763 (2013) (citation and punctuation omitted). While a magistrate must consider time as an element of probable cause when issuing a warrant, the mere passage of time does not equate with staleness.
Although, as Campbell asserts, "simple assault is necessarily a lesser included offense of aggravated assault, trial courts need not authorize juries to enter verdicts on the lesser crime in every case." Bradley v. State , 322 Ga. App. 541, 546 (3) (a) (i), 745 S.E.2d 763 (2013) (citation and punctuation omitted). Accord Patterson v. State , 332 Ga. App. 221, 226 (2) (a), 770 S.E.2d 62 (2015).
"When a claim of ineffective assistance is based on the failure to request a jury charge, the relevant inquiry is whether the charge, if it had been requested, was warranted by the evidence, and if it had been given, whether there is a reasonable probability that it would have changed the outcome of the trial." Bradley v. State , 322 Ga. App. 541, 545 (3) (a), 745 S.E.2d 763 (2013) (citation and punctuation omitted). As stated in Division 1, the cited provision of Liger is physical precedent only.
"When a claim of ineffective assistance is based on the failure to request a jury charge, the relevant inquiry is whether the charge, if it had been requested, was warranted by the evidence, and if it had been given, whether there is a reasonable probability that it would have changed the outcome of the trial." Bradley v. State , 322 Ga. App. 541, 545 (3) (a), 745 S.E.2d 763 (2013) (citation and punctuation omitted). As stated in Division 1, the cited provision of Liger is physical precedent only.
This discovery gave Officer Jones probable cause to arrest A. P. "In the context of a second-tier encounter, an officer may conduct a pat-down search of a person whom he reasonably believes to be armed or otherwise dangerous to the officer or others." Bradley v. State, 322 Ga. App. 541, 548 (3) (c), 745 S.E.2d 763 (2013) (citation omitted). See also Davis v. State, 232 Ga. App. 450, 451 (1), 501 S.E.2d 241 (1998) (officer who heard dispatch could stop defendant who was walking near hospital where dead body was found, question him, and pat him down when crime had just occurred, circumstances of crime were not known, and officer was trying to sort out the facts).
Thus, the Appellant has failed to meet his burden of showing that there is a reasonable possibility that the jury would have acquitted him on all of the indicted offenses and, instead, convicted him only of pimping if his counsel had requested a jury instruction on pimping as a lesser-included offense. See Bradley v. State , 322 Ga. App. 541, 546 (3) (a) (i), 745 S.E.2d 763 (2013) (The State charged the Appellant with concurrently committing armed robbery and aggravated assault through the use of the same deadly weapon. The court instructed the jury on theft by intimidation as a lesser-included offense to armed robbery.
Consequently, Mason cannot carry his burden of establishing either prong of the Strickland test. See Bradley v. State, 322 Ga.App. 541, 547–548(3)(b), 745 S.E.2d 763 (2013) (decision not to subpoena witness was strategic and thus not deficient where counsel determined that the witness “would not have been helpful” and “was negative”); Taylor, 318 Ga.App. at 117(2)(a), 733 S.E.2d 415 (defendant failed to show that tactical decision not to call witness was deficient or prejudicial).