Counsel’s actions, absent clear and convincing evidence to the contrary, are "presumed to be part of trial strategy." Flanigan v. State, 269 Ga. 160, 162 (2) (d), 496 S.E.2d 255 (1998). The strongest evidence of what trial counsel sought to do is the trial transcript itself.
there is a strong presumption that the performance of counsel was within the wide range of reasonable professional lawyering, and we cannot reach a contrary conclusion unless defendant successfully rebuts the presumption by clear and convincing evidence. Flanigan v. State, 269 Ga. 160 (2) ( 496 SE2d 255) (1998). "Judicial scrutiny of counsel's performance must be highly deferential."
With regard to the first part of the inquiry, there is a strong presumption that the performance of counsel was within the wide range of reasonable professional lawyering, and we cannot reach a contrary conclusion unless defendant successfully rebuts the presumption by clear and convincing evidence. Flanigan v. State, 269 Ga. 160 (2) ( 496 SE2d 255) (1998). "Judicial scrutiny of counsel's performance must be highly deferential."
In making this showing, Appellant must rebut by clear and convincing evidence the strong presumption that his attorney was effective. Flanigan v. State, 269 Ga. 160, 162-163 (2) (d) (496 S.E.2d 255) (1998). However, appellant did not call trial counsel to testify at the hearing on the motion for new trial, and without such testimony, ""'it is extremely difficult to overcome this presumption.." (Cit.)' [Cits.]"
In making that showing, McDaniel had to produce sufficient evidence to rebut the strong presumption that his attorneys provided him with effective representation. Flanigan v. State, 269 Ga. 160, 162-163 (2) ( 496 SE2d 255) (1998). Both of McDaniel's trial lawyers testified as to their extensive preparation and the thoroughness of their defense of the case.
On the evidence which was presented, the trial court was authorized to find that Cox failed to rebut the presumption of effectiveness of his trial counsel by clear and convincing evidence. Flanigan v. State, 269 Ga. 160, 162-163 (2) ( 496 SE2d 255) (1998). Case No. S05A0032
At the hearing on the motion for new trial, defense counsel testified regarding the tactics he used in the effort to provide his client with a viable defense. Flanigan v. State, 269 Ga. 160, 162(2)(d) ( 496 S.E.2d 255) (1998). Having heard all of the testimony, the trial court found that Doctor failed to rebut the presumption of effectiveness, and we must uphold that finding unless it is clearly erroneous.
At the hearing on the motion for new trial, the defense lawyer testified regarding his trial tactics and strategy. Flanigan v. State, 269 Ga. 160, 162(2)(d) ( 496 S.E.2d 255) (1998). Having heard all of the testimony, the trial court found that Appellant had not rebutted the strong presumption that his attorney was effective, and we must affirm that finding unless it is clearly erroneous.
Based upon the foregoing, as well as our review of the transcript of the hearing on the motion for new trial, we conclude that Adams failed to carry the burden of rebutting, by clear and convincing evidence, the strong presumption that he received effective assistance of trial counsel. See Cammon v. State, supra at 474 (4); Flanigan v. State, 269 Ga. 160, 163 (2) ( 496 S.E.2d 255) (1998); Love v. State, 268 Ga. 484, 486 (4) ( 490 S.E.2d 88) (1997). Moreover, even assuming that Adams did show any ineffectiveness on the part of his trial attorney, he nevertheless did not make the requisite additional showing that, but for the ineffectiveness, the jury would not have found him guilty of malice murder.
There is a presumption of effective assistance of counsel, which a defendant must overcome by clear and convincing evidence. Flanigan v. State, 269 Ga. 160 (2) ( 496 S.E.2d 255) (1998). Trial counsel was in possession of the statement that Crowell gave to investigating officers on the day of the shooting, and he effectively used that statement to impeach Crowell's trial testimony.