"This burden is a heavy one[.]" Young v. State, 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019). If Isaiah fails to show either deficiency or prejudice, this Court need not examine the other prong of the Strickland test.
"Merger generally is required when there is no deliberate interval between the non-fatal injuries that form the basis for aggravated assault and the fatal injury that forms the basis for the murder." Young v. State , 305 Ga. 92, 95 (2), 823 S.E.2d 774 (2019). Because there was no evidence in this case of a deliberate interval between the beating and the murder by strangulation, we conclude that the aggravated assault based on the beating should have merged into the malice murder.
(Citations and punctuation omitted.) Young v. State , 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019).
"This burden is a heavy one[.]" Young v. State, 305 Ga. 92, 97 (5) (823 S.E.2d 774) (2019). Moreover, "[t]he reviewing court need not 'address both components of the inquiry if the defendant makes an insufficient showing on one.'"
Strickland, 466 U.S. at 694 (III) (B), 104 S.Ct. 2052. "This burden is a heavy one[.]" Young v. State, 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019). Moreover, "[t]he reviewing court need not ‘address both components of the inquiry if the defendant makes an insufficient showing on one.’
Therefore, a defendant’s burden of establishing prejudice under Strickland "is a heavy one." Young v. State, 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019). [12] Here, although Jones makes generalized assertions of his trial counsel’s alleged failings, he fails to show in what respect his counsel’s performance was deficient.
Because a reasonable jury could infer each element of each of the crimes for which Appellant was convicted, the evidence is sufficient as a matter of constitutional due process. See Young v. State, 305 Ga. 92, 94 (1), 823 S.E.2d 774 (2019) (holding that the evidence was constitutionally sufficient to support defendant’s murder conviction where there were no eyewitnesses or DNA evidence linking defendant to the murder, but there was evidence that the two were in a contentious divorce and had recently participated in an unsuccessful mediation and that defendant fled the area and remained in hiding until he was arrested).. [6] (b) As a matter of Georgia statutory law, "[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused." OCGA § 24-14-6.
"This burden is a heavy one." Young v. State, 305 Ga. 92, 97 (823 S.E.2d 774) (2019).
(Citation omitted.) Young v. State , 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019). And if Hatcher fails to prove either the deficiency or the prejudice prong, this Court need not examine the other prong of the Strickland test.
"This burden is a heavy one." Young v. State , 305 Ga. 92, 97 (5), 823 S.E.2d 774 (2019). And if Smith fails to show either deficiency or prejudice, this Court need not examine the other prong of the Strickland test.