Robinson v. State

18 Citing cases

  1. Johnson v. State

    216 Ga. App. 858 (Ga. Ct. App. 1995)   Cited 7 times

    See OCGA § 5-6-51 (4). It is, however, evident that he complains of the order of the trial court overruling his motion for new trial on the ground of ineffective assistance of trial counsel." Robinson v. State, 210 Ga. App. 278, 279 (2) ( 435 S.E.2d 718). The trial court's determination that an accused has not been denied effective assistance of counsel will be affirmed on appeal unless that determination is clearly erroneous. Smith v. State, 256 Ga. 483 ( 351 S.E.2d 641). "As to [this claim], we have reviewed the transcript of [the motion for new trial] hearing at which trial counsel testified as well as the trial transcript and find sufficient evidence to support the trial court's conclusion that [defendant] failed to show ineffectiveness under the standards of Strickland v. Washington, 466 U.S. 668, 687 (104 SC 2052, 80 L.Ed.2d 674) (1984). . . . Scott v. State, 263 Ga. 300 (2) ( 432 S.E.2d 107) (1993)."

  2. White v. State

    213 Ga. App. 429 (Ga. Ct. App. 1994)   Cited 29 times

    Evidence that inconsequential hearsay was not objected to did not demand a finding that, but for trial counsel's allegedly unprofessional failure to exclude that inconsequential hearsay, there was a reasonable probability that the result of the proceeding would have been different. Robinson v. State, 210 Ga. App. 278, 279 (2) ( 435 S.E.2d 718). The trial court correctly overruled defendant's motion for new trial on the ground of ineffective assistance of counsel. Judgment affirmed and case remanded with direction.

  3. Scott v. State

    477 S.E.2d 901 (Ga. Ct. App. 1996)   Cited 6 times

    "As to each of these claims [in the case sub judice], `(w)e have reviewed the transcript of that hearing (at which trial counsel [was medically unavailable to testify]) (as well as the trial transcript) and find sufficient evidence to support the trial court's conclusion that ([defendant]) failed to show ineffectiveness under the standards of Strickland v. Washington, 466 U.S. 668, 687 (104 SC 2052, 80 L.Ed.2d 674) (1984) (Cit.)' Scott v. State, 263 Ga. 300 (2) ( 432 S.E.2d 107) (1993)." Robinson v. State, 210 Ga. App. 278, 279 (3) ( 435 S.E.2d 718). (a) At the hearing on defendant's motion, Dr. Scott Snyder, a psychiatrist, testified that "Haldol is what is known as an anti-psychotic.

  4. Coggins v. State

    275 Ga. 479 (Ga. 2002)   Cited 29 times

    Id. Appellant's claim of ineffective assistance fails: the trial court was entitled to believe counsel's testimony he consulted with his client over appellant's testimony that he did not; counsel's failure to request a Jackson-Denno hearing because he believed the statements were freely and voluntarily given did not constitute deficient performance since appellant did not provide a meritorious basis to contest the admission of the statements to police (Byrd v. State, 274 Ga. 58 (2) ( 548 S.E.2d 2) (2001)); and the failure to seek a directed verdict of acquittal was not deficient performance since, as noted in Division 1, supra, the evidence presented by the State was sufficient to authorize appellant's conviction. Robinson v. State, 210 Ga. App. 278 (5) ( 435 S.E.2d 718) (1993). Accordingly, the trial court was correct when it concluded that trial counsel did not render ineffective assistance of counsel and when it denied appellant's amended motion for new trial.

  5. White v. State

    481 S.E.2d 804 (Ga. 1997)   Cited 18 times

    The attorney's acts of professional misconduct in unrelated matters and cases do not establish inadequacy or prejudice to White in this criminal prosecution. Robinson v. State, 210 Ga. App. 278 ( 435 S.E.2d 718) (1993). The subsequent disbarment of White's trial counsel did not relieve him of the requirement of making the requisite showing under Strickland that trial counsel's representation fell below an objective standard of reasonableness.

  6. Parekh v. Wimpy

    288 Ga. App. 125 (Ga. Ct. App. 2007)   Cited 5 times

    See Blanton v. Duru, 247 Ga. App. 175, 176 (1) ( 543 SE2d 448) (2000). See also Robinson v. State, 210 Ga. App. 278, 279 (2) ( 435 SE2d 718) (1993) ("Where it is apparent from the notice of appeal, the record, the enumerations of error, or any combination of the foregoing, what errors are sought to be asserted upon appeal, the appeal shall be considered notwithstanding that the enumerations of error fail to enumerate clearly the errors sought to be reviewed") (citation omitted). 2.

  7. Duncan v. State

    253 Ga. App. 239 (Ga. Ct. App. 2002)   Cited 2 times

    Thomas v. State, 246 Ga. App. 448, 449(1) ( 540 S.E.2d 662) (2000). Pretermitting any deficiency in trial counsel for failure to object to the testimony of defendant's fiancé as a surprise witness, the defendant "has failed to show that, but for this omission, the result at trial would have been different[,]" Robinson v. State, 210 Ga. App. 278, 280(3) ( 435 S.E.2d 718) (1993), in that her testimony was no more than cumulative of overwhelming circumstantial evidence otherwise of record. Hodges v. State, 194 Ga. App. 837, 838(2) (392 SEd 262) (1990).

  8. Hammett v. State

    539 S.E.2d 193 (Ga. Ct. App. 2000)   Cited 12 times

    The attention of appellate counsel is drawn to Georgia Court of Appeals Rule 27 (a) (1) (preservation of error; citations to the record by volume and page number) and Rule 27 (a) (3) (concise statement of the applicable standard of review). Robinson v. State, 210 Ga. App. 278, 279 (2) ( 435 S.E.2d 718) (1993). 1. Hammett first contends the trial court erred in admitting his custodial statement into evidence because it was impermissibly obtained through the hope of benefit.

  9. Moody v. State

    244 Ga. App. 214 (Ga. Ct. App. 2000)   Cited 4 times

    (b) The circumstance that appointed counsel filed no discovery motions seeking access to evidence fails to raise any inference in this case that appointed counsel's representation fell below any standard of reasonableness, because counsel had essentially seen the State's entire case at the revocation hearing. See Robinson v. State, 210 Ga. App. 278, 279-280 (3) ( 435 S.E.2d 718) (1993) (failure to file discovery motions not harmful where defense had access to the State's file via informal cooperation). (c) At no time, either in the trial court or on appeal, has Moody ever suggested the name of a helpful witness that counsel refused to subpoena.

  10. Herndon v. State

    235 Ga. App. 258 (Ga. Ct. App. 1998)   Cited 28 times
    Noting that the extent of cross-examination is "within the realm of trial tactics and strategy, and usually provide no basis per se for a reversal of appellant's conviction"

    Bridges v. State, 205 Ga. App. 664, 665 (2)( 423 S.E.2d 293) [(1992)]." Robinson v. State, 210 Ga. App. 278, 280 (3) ( 435 S.E.2d 718) (1993). Additionally, trial counsel testified at the motion hearing that Herndon did not have enough money to take down the arguments or to hire an investigator to conduct the witness interviews. It is generally a tactical decision of trial counsel to determine how to allot the resources available in the defense of her client.