Ineffective Assistance of Counsel Georgia
In order to establish ineffectiveness of trial counsel under Strickland v. Washington 466 U.S. 668, 687 (104 S. Ct. 2052, 80 L. Ed. 2d 674) (1984).
Deffendent must show both that counsel's performance fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different Bowley v. State, 261 Ga. 278, 280 (4) (404 S.E.2d 97) (1991).
Unless a defendant makes both showings, it cannot be said that the conviction resulted from a breakdown in the adversary process that renders the result unreliable Stephens v. State, 265 Ga. 120, 121 (2) (453 S.E.2d 443) (1995).
Furthermore,there is a strong presumption that trial counsel's performance falls within the wide range of reasonable professional assistance and that any challenged action might be considered sound trial strategy.
In the absence of testimony to the contrary, counsel's actions are presumed strategic.
The trial court's determination that an accused has not been denied effective assistance of counsel will be affirmed on appeal unless that determination is clearly erroneous Binion v. State, 222 Ga. App. 333, 334 (1) (474 S.E.2d 208) (1996).