State v. Goff, 308 Ga. 330

On July 7, 2012, Tiffany Salter was found strangled near a shallow, freshly disturbed area behind the home she shared with Todd Goff; a shovel and a jug with both their DNA were nearby. The medical examiner ruled death by asphyxiation by strangulation.
Goff was indicted, tried in March–April 2014, convicted of malice murder (life without parole) and felony murder (vacated by operation of law), and later moved for a new trial alleging ineffective assistance of trial counsel.
At trial Goff did not testify; key evidence included his mother Joanne Ciccio’s recorded statement (played to the jury) in which she related Goff’s statements that he choked Salter and was on probation; Ciccio’s in-court testimony was less definitive.
At the motion-for-new-trial hearing Goff testified he expected to testify but that counsel urged him not to, and Goff proffered a booking photo showing a neck scratch; Goff also described the encounter as mutual fighting and claimed provocation and suicidal ideation prior to the incident.
The trial court granted a new trial on three special grounds of ineffective assistance: (1) counsel advised Goff not to testify; (2) counsel failed to move for mistrial after the probation reference was heard by the jury; and (3) counsel failed to introduce Goff’s booking photos. The State appealed.
The Supreme Court of Georgia reversed, holding the trial court erred because counsel’s conduct was not constitutionally deficient on any of those three grounds.

Issue	State's Argument	Goff's Argument	Held
Whether counsel was ineffective for advising Goff not to testify	Counsel’s advice deprived Goff of testimony necessary to show provocation and would have supported voluntary manslaughter	Counsel’s choice was strategic; he properly warned of damaging cross-examination and Goff’s unpredictability	Court: No deficient performance — decision was a reasonable tactical choice; not patently unreasonable to advise against testifying
Whether counsel was ineffective for not moving for a mistrial after jury heard Goff was on probation	Failure to seek mistrial over the probation reference warranted relief	Counsel reasonably declined mistrial because the reference was fleeting and nonspecific and trial was going well	Court: No deficient performance — fleeting, nonspecific probation mention did not require mistrial; counsel’s choice reasonable
Whether counsel was ineffective for failing to introduce Goff’s booking photos	Photos would corroborate scratches and support provocation defense	Introduction would have required Goff’s testimony to explain significance, risking impeachment; counsel reasonably declined to force that choice	Court: No deficient performance — photos needed Goff’s testimony to be effective, and Goff’s decision not to testify was not shown to be the product of deficient counsel

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance test)
Crouch v. State, 305 Ga. 391 (strategic choices after investigation are virtually unchallengeable)
Hamilton v. State, 274 Ga. 582 (decision to advise defendant not to testify is a strategic choice)
Gibson v. State, 290 Ga. 6 (decision whether to testify is defendant’s tactical choice after counsel consultation)
Barnett v. State, 300 Ga. 551 (counsel’s advice not to testify not deficient where tactic avoided damaging cross-examination)
Brown v. State, 307 Ga. 24 (brief, non-responsive references do not automatically render counsel ineffective for failing to object)
Babbage v. State, 296 Ga. 364 (brief reference to prior incarceration did not warrant deficient-performance finding)
Smith v. State, 296 Ga. 731 (presumption that counsel’s conduct falls within reasonable professional norms)
O'Neal v. State, 285 Ga. 361 (appellate review standard for trial court grants of new trial on legal grounds)