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Williams v. State

The defendant could not show prejudice from trial counsel's failure to file a timely motion to suppress because a tip from an informant who personally observed the methamphetamine was sufficient to establish probable cause.

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Following a jury trial, Bernard Carrode Williams was convicted of possession with intent to distribute methamphetamine OCGA § 16-13-30 b. Williams appeals from the denial of his motion for new trial, contending that he received ineffective assistance of counsel because his trial counsel failed to file a timely motion to suppress. Finding no error, we affirm.

In reviewing a trial court’s ruling on an ineffective assistance of counsel claim, we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts. To prevail on a claim of ineffective assistance of trial counsel, a defendant bears the burden of showing both that trial counsel was deficient and that he was prejudiced by the deficiency. To demonstrate deficient representation, a convicted criminal defendant must show that counsel’s representation fell below an objective standard of reasonableness. Strickland v. Washington, 466 U. S. 668, 688 104 SC 2052, 80 LE2d 674 1984.

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