Ford v. State

In Ford v. State, 274 Ga. App. 695 (617 SE2d 262) (2005), the defendant appealed his convictions for pimping, contributing to the delinquency of a minor, and sexual exploitation of a minor. Id. at 695. Just prior to trial, the victim spoke with trial counsel and asked him to tell the defendant that she was sorry. She also told counsel that the defendant did not know that she was 16. Id. at 701 (5). After hearing this, counsel added himself to the witness list. The state objected and the trial court gave counsel the choice of disqualifying himself as counsel or removing himself from the witness list. Counsel removed himself from the witness list. During cross-examination, trial counsel questioned the victim about her statement and she responded, "'And then I said no comment, I wasn't going to answer your questions.'" Id. at 702 (5). The defendant alleged that counsel was hampered by an actual conflict and thus rendered ineffective assistance. The Court rejected this claim, finding that the victim had been amply impeached; that counsel's testimony "was not substantial enough to warrant his withdrawal from the case"; Id. at 702 (5) (a) that the defendant was aware of the conflict; and that counsel's decision to continue representation was tactical. Id. at 702-703 (5) (a).