Washington v. State

88 Citing cases

  1. Roberts v. State

    279 Ga. App. 434 (Ga. Ct. App. 2006)   Cited 13 times
    In Roberts v. State, 279 Ga. App. 434 (631 SE2d 480) (2006), it is stated that Strickland was "overruled in part on other grounds" by Washington v. State, 276 Ga. 655 (581 SE2d 518) (2003).

    " (Footnote omitted.) Strickland v. State, 258 Ga. 764, 765-766 (1) ( 373 SE2d 736) (1988), overruled in part on other grounds, Washington v. State, 276 Ga. 655 ( 581 SE2d 518) (2003). A trial court also retains jurisdiction to rule on a motion for withdrawal and substitution of defense counsel, Elrod v. State, 222 Ga. App. 704, 705 (1) ( 475 SE2d 710) (1996); to appoint appellate counsel, Spear v. State, 271 Ga. App. 845, n. 1 ( 610 SE2d 642) (2005); to dismiss an appeal and to assist in preparing the record, State v. James, 211 Ga. App. 149, 150 (2) ( 438 SE2d 399) (1993); and to consider the State's petition to nolle prosequi a second indictment after the defendant filed a notice of appeal from the court's former jeopardy ruling on the second indictment.

  2. Davis v. State

    330 Ga. App. 711 (Ga. Ct. App. 2015)   Cited 43 times

    Cody v. State, 277 Ga. 553(1), 592 S.E.2d 419 (2004) See also Cody v. State, 277 Ga. 553(1), 592 S.E.2d 419 (2004) (accord); Washington v. State, 276 Ga. 655, 656(1), 581 S.E.2d 518 (2003) (accord). See also Porter v. State, 271 Ga. 498, 521 S.E.2d 566 (1999) (accord); Rowland v. State, 264 Ga. 872(1), 452 S.E.2d 756 (1995) (accord).

  3. Perez v. State

    309 Ga. 687 (Ga. 2020)   Cited 9 times
    Telling accused that he "could help himself by being honest and by telling them what had really happened" was not a hope of benefit under OCGA § 24-8-824

    On April 4, 2019, Perez refiled his motion for a new trial under the correct case number after the trial court granted Perez's request for leave to file an out-of-time motion for a new trial. See Washington v. State , 276 Ga. 655, 656 (1), 581 S.E.2d 518 (2003). The trial court held a hearing on the motion on June 25, 2019, and entered an order denying the motion on August 15, 2019.

  4. Hendrix v. State

    298 Ga. 60 (Ga. 2015)   Cited 38 times
    Holding that experienced trial counsel’s strategic decision to pursue a misidentification defense over a claim of self-defense that was contradicted by the evidence was not patently unreasonable

    “An attorney's decision about which defense to present is a question of trial strategy.” Washington v. State, 276 Ga. 655, 659(3)(b), 581 S.E.2d 518 (2003). Unless the choice of strategy is objectively unreasonable, such that no competent trial counsel would have pursued such a course, we will not second-guess counsel's decisions in this regard.

  5. Kilgore v. State

    295 Ga. 729 (Ga. 2014)   Cited 4 times
    Holding that cell phone records "were admissible under the business records exception to the hearsay rule"

    On May 1, 2013, Kilgore filed a motion for leave to file an out-of-time motion for new trial, which was granted by the trial court on May 20, 2013. See Washington v. State, 276 Ga. 655, 656(1), 581 S.E.2d 518 (2003). Kilgore filed a second motion for new trial on June 19, 2013, and the trial court denied that motion on the merits on November 11, 2013. Kilgore timely filed a notice of appeal on December 5, 2013.

  6. Wright v. State

    291 Ga. 869 (Ga. 2012)   Cited 153 times
    Concluding that no harm resulted from the improper admission of inadmissible hearsay where the testimony was "merely cumulative of other properly admitted evidence at trial"

    In this connection, the witness had previously told police that another man, not Wright, had placed a gun in the shed, and the witness had said nothing about Wright being involved with a gun at the time that he was initially interviewed by Wright's counsel. Because counsel's strategy to portray the witness as a liar rather than object to his testimony was reasonable, Wright has not met his burden of showing ineffective assistance. See, e.g., Washington v. State, 276 Ga. 655, 659(3)(a), 581 S.E.2d 518 (2003) (“The manner in which an attorney attacks the credibility of a witness falls within the ambit of trial tactics”) (citation omitted). 3. Wright also contends that the trial court erred in allowing the admission of certain testimony at trial.

  7. Green v. State

    291 Ga. 579 (Ga. 2012)   Cited 59 times

    (Punctuation omitted.) Washington v. State, 276 Ga. 655, 658(3), 581 S.E.2d 518 (2003). If an appellant fails to meet either prong of the Strickland test, it is not incumbent upon this Court to examine the other prong. Battles v. State, 290 Ga. 226, 229, 719 S.E.2d 423 (2011). At the hearing on appellant's motion for new trial, trial counsel, an experienced criminal defense attorney, explained that he did not object when the eyewitness' hearsay statements were introduced at trial because he knew she would be testifying herself in the course of the trial and he wanted to be able to show inconsistencies in her statements.

  8. Dunn v. State

    291 Ga. 551 (Ga. 2012)   Cited 12 times
    Determining that the evidence was overwhelming, based upon the evidence collected at the scene of the crime and defendant's own admission

    (Punctuation omitted.) Washington v. State, 276 Ga. 655, 658(3), 581 S.E.2d 518 (2003). If an appellant fails to meet either prong of the Strickland test, it is not incumbent upon this Court to examine the other prong.

  9. Harris v. State

    291 Ga. 175 (Ga. 2012)   Cited 3 times

    (Punctuation omitted.) Washington v. State, 276 Ga. 655, 658(3), 581 S.E.2d 518 (2003). If an appellant fails to meet either prong of the Strickland test, it is not incumbent upon this Court to examine the other prong. Battles v. State, 290 Ga. 226, 229, 719 S.E.2d 423 (2011). The trial court conducted a hearing on appellant's motion for a new trial and determined that Ivan did not render ineffective assistance.

  10. Neal v. State

    290 Ga. 563 (Ga. 2012)   Cited 95 times
    Recognizing that even if medical treatment of felonious injury was negligent, negligence would not normally constitute an intervening cause to criminal culpability unless it was gross mistreatment

    ]” Smith v. State, supra at 354(8)(i), 703 S.E.2d 629. See also Washington v. State, 276 Ga. 655, 659(3)(c), 581 S.E.2d 518 (2003). Trial counsel testified that testimony regarding Neal's peaceful character would have opened the door to additional adverse character evidence which had been excluded by the trial court, including the testimony of another ex-girlfriend who was present and ready to testify about Neal's bad character.