Upton v. Parks

In Upton v. Parks, 284 Ga. 254 (664 SE2d 196) (2008) the Supreme Court of Georgia held that a defendant failed to establish deficient performance based on his counsel's decision not to call alibi witnesses whose credibility counsel doubted. Noting that: "Decisions based on counsel's reasonable trial strategy do not constitute deficient performance," the Court held that counsel's testimony demonstrated that the decision not to call the alibi witnesses "was a fully considered and well reasoned decision under the circumstances." Id. at 257-258 (2).