Michael Bernard v. State, A21A1709

Early-morning home invasion: two masked men assaulted Richard Wilson, stole at least $3,500 and his Glock, and threatened him.
Stolen credit cards were later used; Nicholas Thomas was identified using them and told investigators he got the cards from Michael Bernard; Bernard’s phone records led to Chinelo Davis.
At trial, Thomas identified Bernard and admitted using the stolen cards; cell data and texts placed Bernard near the scene and showed calls/texts between Bernard and Davis before and after the robbery.
Davis testified that he pointed out the victim to Bernard and owed Bernard money but denied knowing the victim’s address or leading Bernard to the apartment; the lead investigator testified Davis initially told a different story but later said he led Bernard to the victim and gave the time/staircase details.
Bernard’s trial counsel did not object to the investigator’s testimony about Davis’s prior consistent statements and instead used that testimony in closing to argue the State was selectively relying on parts of Davis’s story to convict.
Bernard was convicted and appealed, arguing ineffective assistance for the failure to object to improper bolstering; the trial court and the Court of Appeals rejected the claim, holding counsel’s non‑objection was a reasonable strategic decision and therefore not constitutionally deficient under Strickland.

Issue	Bernard's Argument	State's Argument	Held
Whether counsel was constitutionally ineffective for failing to object to the investigator’s testimony that repeated Davis’s prior consistent statements linking Bernard to the victim	Counsel was deficient for not objecting to inadmissible bolstering/hearsay (prior consistent statements not admissible because defense had not attacked Davis’s credibility)	Counsel’s choice was a reasonable strategic decision to highlight the State’s selective reliance on Davis and to impeach co‑defendants via the investigator’s testimony	Court held counsel’s failure to object was a reasonable trial strategy and not constitutionally deficient; conviction affirmed

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance standard)
Smith v. Francis, 253 Ga. 782 (Georgia adoption/recognition of Strickland standard)
White v. State, 265 Ga. 22 (presumption that counsel’s conduct falls within wide range of reasonable professional assistance)
Fitts v. State, 859 S.E.2d 79 (no ineffective assistance for failing to make a meritless objection)
Wright v. State, 291 Ga. 869 (appellate review accepts trial court’s factual findings but independently applies legal principles)