We granted the State's petition for certiorari and posed a single question:Did the Court of Appeals err in holding that trial counsel's failure to file a general demurrer resulted in prejudice under Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 LE2d [L.Ed.2d] 674 (1984) ? Compare Walker v. State , 329 Ga. App. 369 (3) (a), 765 S.E.2d 599 (2014), with Everhart v. State , 337 Ga. App. 348 (3) (a), 786 S.E.2d 866 (2016) ; Youngblood v. State , 253 Ga. App. 327 (3), 558 S.E.2d 854 (2002).For the reasons set forth below, we conclude that the Court of Appeals did not err; therefore, we affirm the judgment below.
In some circumstances, it may be reasonable trial strategy to forgo an objection to testimony that amounts to an opinion on the ultimate issue. See, e.g., Walker v. State, 329 Ga.App. 369, 376(3)(d), 765 S.E.2d 599 (2014). In this case, at the hearing on the motion for new trial—nearly five years after the trial itself—Pyatt's trial counsel testified that he had no strategic reason to forgo an objection.
" (Citation and punctuation omitted.) Walker v. State , 329 Ga. App. 369, 373 (3), 765 S.E.2d 599 (2014). "Moreover, a tactical or strategic decision made by counsel cannot form a basis for ineffective assistance of counsel unless it was so patently unreasonable that no competent attorney would have chosen it."
" (Citation and punctuation omitted.) Walker v. State , 329 Ga. App. 369, 373 (3), 765 S.E.2d 599 (2014). "Moreover, a tactical or strategic decision made by counsel cannot form a basis for ineffective assistance of counsel unless it was so patently unreasonable that no competent attorney would have chosen it."
The man demanded her money and jewelry, and she told him to take her wallet, her car, and anything in the condo in the hope that he would leave. See Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014). The man, however, forced the victim to her knees, used her belt to tie her hands behind her back, and tied a towel around her face so that she could not see and had difficulty breathing.
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, we must uphold the jury's verdict. Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted). Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted).
443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted). 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
See, e.g., Jones v. State , 325 Ga.App. 895, 898 (2) (d), 755 S.E.2d 815 (2014) (discussing counsel's strategic decision to forego cross-examination of witness in favor of "another tactical method or goal"). Although a decision not to object may be a part of a reasonable trial strategy, see Walker v. State , 329 Ga.App. 369, 376 (3) (d), 765 S.E.2d 599 (2014), the record does not show that trial counsel made any such decision in this case. To the contrary, trial counsel's testimony shows that he made no decision at all concerning the improper bolstering.
Accordingly, this enumeration presents nothing for review.” (Punctuation and footnote omitted.) Walker v. State, 329 Ga.App. 369, 372 –373(2), 765 S.E.2d 599 (2014). In any event, we are unpersuaded by Gipson's challenge to the indictment.
443 U. S. at 319 (III) (B), 99 S.Ct. 2781.Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted)."The standard of Jackson v. Virginia[] is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged."