Brown v. State
| Decision Date | 19 September 1986 |
| Docket Number | No. 72612,72612 |
| Citation | 180 Ga.App. 361,349 S.E.2d 250 |
| Parties | BROWN v. The STATE. |
| Court | Georgia Court of Appeals |
Gary N. Struletz, Roswell, for appellant.
Glenn Thomas, Jr., Dist. Atty., Richard Taylor, Asst. Dist. Atty., for appellee.
Defendant appeals his conviction of aggravated assault upon a peace officer. Held:
1. Defendant contends that his trial counsel was ineffective in that "it seems highly probable that the defense attorney made no effort to prepare for this case, nor did he research the law before trial and competently represent the case by questioning witnesses properly." On the day prior to trial the trial court heard argument and denied trial counsel's motion to withdraw as counsel due to the alleged failure of defendant to pay certain agreed attorney fees. In the course of colloquy, in regard to this motion, trial counsel stated the limited extent of his efforts in pursuit of the defense of the case against defendant. However, following the trial court's ruling upon his motion to withdraw, trial counsel was aware of the need to prepare for the trial of the case. Ward v. State, 165 Ga.App. 163, 164(2), 300 S.E.2d 528. We note in this connection that the case sub judice does not involve either unusually complicated issues or large numbers of witnesses.
Nor do we find any prejudice to defendant arising solely from the collapse of the economic arrangements between defendant and trial counsel. The burden of demonstrating a constitutional violation rests upon the defendant and in the absence of a showing to the contrary we assume that trial counsel put aside any personal animosity toward defendant arising from the erroneous circumstances and rendered reasonably effective assistance. See Carter v. State, 176 Ga.App. 632, 633(2), 337 S.E.2d 413.
During the trial of the case, the trial attorney failed in his attempt to introduce evidence as to the victim officer's reputation (defendant relied upon a showing of self-defense). When trial counsel attempted to elicit such testimony, an objection as to the absence of a proper foundation for such testimony was sustained. After repeated attempts to elicit this evidence were fruitless, defendant's trial counsel requested and was granted a brief recess. Subsequently, trial counsel elicited testimony which included a proper foundation to the inquiry as to the reputation of the victim officer, but trial counsel did not repeat his attempt to elicit the testimony regarding the officer's reputation.
In Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674, the court stated a two-prong test for examining complaints that counsel has deprived a criminal defendant of his right to effective assistance. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, supra.
As our examination of the circumstances of the case sub judice reveals that a determination of the issues presented by defendant's enumeration of error may be reached by consideration of the "prejudice component" of Strickland we do not reach the issue of whether counsel's performance was deficient. See in this regard Strickland v. Washington, 466 U.S. 668, 697, 104 S.Ct. 2052, 2069, supra.
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Pitts v. State
...193 Ga.App. 428, 430(2), 387 S.E.2d 921. See also McAlister v. State, 204 Ga.App. 259, 261(2), 419 S.E.2d 64 and Brown v. State, 180 Ga.App. 361(1), 362, 349 S.E.2d 250. In measuring the assistance rendered by trial counsel every effort must be made to eliminate the distorting effects of hi......
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Garrett v. State
...or a presentation of additional defense witnesses would have resulted in appellant's acquittal. See generally Brown v. State, 180 Ga.App. 361, 363(1), 349 S.E.2d 250 (1986), wherein it was held that the failure of trial counsel to adduce "redundant" evidence was "unlikely to have affected t......
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Livingston v. State, A97A0570
...a reasonable doubt, of aggravated assault on a police officer, as alleged in the indictment. OCGA § 16-5-21(a)(2); Brown v. State, 180 Ga.App. 361, 363(2), 349 S.E.2d 250. Judgment BEASLEY and SMITH, JJ., concur. ...
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Randall v. State, A92A2310
...for trial. However, mere shortness of time for preparation of counsel is insufficient to show ineffectiveness. Brown v. State, 180 Ga.App. 361(1), 349 S.E.2d 250 (1986). In the instant case, the trial counsel recalled meeting with the appellant prior to the trial for two to four hours, and ......