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Moreland v. State

263 Ga. App. 585 (Ga. Ct. App. 2003)
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Moreland v. State

21 Citing cases

  1. McNair v. State

    330 Ga. App. 478 (Ga. Ct. App. 2014)   Cited 8 times

    (Citation and punctuation omitted.) Moreland v. State, 263 Ga.App. 585, 588(4), 588 S.E.2d 785 (2003). “Whether an attorney's trial tactics [were] reasonable is a question of law, not fact.” (Citation and punctuation omitted.)

  2. Jones v. State

    315 Ga. App. 427 (Ga. Ct. App. 2012)   Cited 11 times
    Denying claim of ineffective counsel where counsel did not present alibi witnesses after none of the witnesses he interviewed could give him information on defendant's whereabouts at the time of the crime

    (Citation and punctuation omitted.) Moreland v. State, 263 Ga.App. 585, 588(4), 588 S.E.2d 785 (2003). Ultimately, “[d]eciding what evidence to present or to forego in defending a client charged with a crime is a matter of strategy and tactics.”

  3. Bass v. State

    710 S.E.2d 818 (Ga. Ct. App. 2011)   Cited 5 times

    (Citation and punctuation omitted.) Moreland v. State, 263 Ga. App. 585, 588 (4) ( 588 SE2d 785) (2003). Ultimately, "[d]eciding what evidence to present or to forego in defending a client charged with a crime is a matter of strategy and tactics."

  4. Woods v. State

    304 Ga. App. 403 (Ga. Ct. App. 2010)   Cited 16 times

    (Citation and punctuation omitted.) Moreland v. State, 263 Ga. App. 585, 588 (4) ( 588 SE2d 785) (2003). "Deciding what evidence to present or to forego in defending a client charged with a crime is a matter of strategy and tactics."

  5. Brown v. State

    293 Ga. App. 633 (Ga. Ct. App. 2008)   Cited 36 times
    Holding that defendant failed to establish prejudice resulting from counsel's failure to object to an allegedly improper statement

    (Citation omitted.) Moreland v. State, 263 Ga. App. 585, 586 (1) ( 588 SE2d 785) (2003). Moreover, "a juror who expresses a willingness to try to be objective and whose bias arises from feelings about the particular crime as opposed to feelings about the accused may be eligible for service."

  6. Chandler v. State

    281 Ga. 712 (Ga. 2007)   Cited 12 times
    Holding that because the trial court did not rule as to whether defendant made a prima facie showing of discrimination, but proceeded to an evaluation of the State's explanations for its strikes, the issue of a prima facie showing is moot

    See OCGA § 17-8-71; Ga. L. 2005, p. 20, § 10. Chandler asserts that the statute thus deprived him of an option he would have enjoyed under the prior law, and notes that this option has been described as an "`extremely valuable' right." Moreland v. State, 263 Ga. App. 585, 588 (4) ( 588 SE2d 785) (2002). However, the formerly-available option to refrain from introducing evidence by the defense in order to gain the order of argument desired has been termed "valuable" in reference to evaluating the reasonableness of defense counsel's strategy when a claim of ineffective assistance of counsel has been made.

  7. Whatley v. State

    342 Ga. App. 796 (Ga. Ct. App. 2017)   Cited 7 times

    41 See Moreland v. State, 263 Ga. App. 585 , 588 (4) (588 SE2d 785 ) (2003) (“The decisions on which witnesses to call and all other strategies and tactical decisions are the exclusive province of the lawyer after consultation with his [or her] client.”) (citation and punctuation omitted); see also Grier, 273 Ga. at 365 (4)

  8. Leslie v. State

    341 Ga. App. 731 (Ga. Ct. App. 2017)   Cited 3 times
    Noting "the jury's rejection of the [a]ppellant's defense that his actions were justified as reasonable parental discipline," where the appellant, as a means of disciplining his 7-year-old son, had repeatedly forced the child into a wooden box that had no holes for light or air to enter, then latched the box closed for 30 minutes, while the child yelled out that he was hot and could not breathe

    Moreland v. State, 263 Ga. App. 585 , 588 (4) (588 SE2d 785 ) (2003) (citation and punctuation omitted). 29

  9. Brewer v. State

    328 Ga. App. 801 (Ga. Ct. App. 2014)   Cited 4 times

    (Citation and punctuation omitted.) Moreland v. State, 263 Ga.App. 585, 588(4), 588 S.E.2d 785 (2003). "Whether an attorney's trial tactics [were] reasonable is a question of law, not fact."

  10. Smith v. State

    316 Ga. App. 175 (Ga. Ct. App. 2012)   Cited 7 times

    Further, “[w]hether an attorney's trial tactics [were] reasonable is a question of law, not fact.” (Citation and punctuation omitted.) Moreland v. State, 263 Ga.App. 585, 588(4), 588 S.E.2d 785 (2003). When this Court reviews a trial court's ruling on an ineffective assistance claim on appeal, “[w]e accept the trial court's factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.”