543 S.E.2d 408 | Ga. Ct. App. | 2000
A Columbia County jury convicted James Raphael Williams of rape (OCGA § 16-6-1), aggravated sodomy (OCGA § 16-6-2), and pos
Viewed in the light most favorable to the jury’s verdict, the evidence shows that the victim was at home with her mother and father on the evening of January 10, 1998, when the defendant, her ex-boyfriend, arrived at the front door. Angry words passed between the two in the doorway, and as the victim attempted to terminate the conversation, the defendant grabbed her clothing and pulled her from the house, telling her at gunpoint she was going with him. The defendant forced the victim into the backseat of his car and got in with her. He then directed State’s witness Michael Ross
1. The superior court did not err in denying the defendant’s motion for new trial grounded upon defendant’s claim the evidence was insufficient to support his convictions. The defendant points to aspects of the victim’s testimony as in conflict with prior statements she made at the rape crisis center adduced on cross-examination to impeach her
2. Neither did the superior court err in denying defendant’s motion for new trial upon defendant’s claim his trial attorney was ineffective because he: (a) failed to call the rape crisis center intake clerk or the examining physician to bolster his impeachment of the victim at trial upon her initial statements as to the charged offenses; and (b) failed to call character witnesses he requested. “To show ineffective assistance of counsel, a defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense.” Suggs v. State, 272 Ga. 85, 87 (4) (526 SE2d 347) (2000) , citing Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).
Failing to call rape crisis center personnel as witnesses, even if deficient (and we do not so hold), was not ineffective since there is here no showing of prejudice, i.e., the record reflects that trial counsel vigorously impeached the victim upon her rape crisis center medical record, as pertinent. Williams v. State, 242 Ga. App. 1, 2-3 (528 SE2d 521) (2000); Holmes v. State, 205 Ga. App. 168, 170 (3) (421
There likewise is no support in the record for the ineffectiveness of trial counsel upon the claim he failed to call additional character witnesses. At the motion for new trial hearing, trial counsel explained that he called several character witnesses whose names the defendant gave. These were “people who. would support his character and would help impeach [the victim’s] testimony.” In further testifying, trial counsel acknowledged that he had not called “a couple of the character witnesses that [defendant] wanted to call[,]” having concluded that their testimony would have been cumulative and that the testimony one of them would have provided, an ex-girlfriend, risked giving the jury the impression that the “[defendant] was more promiscuous than they were already thinking.”
The decisions on which witnesses to call and all other strategies and tactical decisions are the exclusive province of the lawyer after consultation with his client. Austin v. Carter, 248 Ga. 775, 779 (2) (c) (285 SE2d 542) (1982). Whether an attorney’s trial tactics are reasonable is a question of law, not fact. Jefferson v. Zant, 263 Ga. 316, 318 (3) (a) (431 SE2d 110) (1993).
(Citations and punctuation omitted.) Dewberry v. State, 271 Ga. 624, 625 (2) (523 SE2d 26) (2000). In these circumstances, trial counsel’s decisions regarding the witnesses he decided to call were well reasoned and appropriate.
Judgment affirmed.
The crimes occurred on or about January 10,1998. Defendant was indicted on January 28, 1998. Trial began on March 26, 1998, and on March 27, 1998, the jury returned guilty verdicts as to each count of the indictment. The superior court sentenced the defendant to concurrent ten-year sentences as to the rape and aggravated sodomy offenses and to a five-year sentence to be served consecutively on the possession of a firearm during the commission of the crimes charged. The superior court denied defendant’s motion for new trial on February 8, 2000. Defendant filed his notice of appeal on February 14, 2000, and the case v/as docketed in this Court on June 9, 2000.
The grand jury indicted defendant and Ross as co-defendants upon rape and aggravated sodomy charges. At trial, Ross testified as a State’s witness pursuant to a negotiated plea agreement.
At trial, the victim testified she was forced to perform fellatio and was the victim of vaginal intercourse against her will. The medical reports upon which trial counsel cross-examined the victim showed that she denied being forced to perform fellatio when interviewed at the rape crisis center.