Hughes v. State

Christopher Hughes was convicted of aggravated child molestation. His second amended motion for new trial was denied in a lengthy order in which the trial court analyzed all his claims, including those of ineffective assistance of counsel. Hughes appeals, asserting error in the admission of testimony by an expert witness and claiming that his counsel was ineffective in failing to object to argument. Because we find that counsel was not ineffective in failing to object to the prosecution’s closing argument and that Hughes failed to preserve his objection to the expert’s testimony, we affirm. 1. Hughes first asserts that his trial counsel was ineffective in failing to object to a portion of the prosecution’s closing argument. He contends that the prosecutor referred to his failure to testify, and that trial counsel should have objected to this improper argument.

In order to show ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that the deficiency prejudiced his defense. Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984. To meet the first prong of the required test, the defendant must overcome the strong presumption that counsel’s performance fell within a wide range of reasonable professional conduct, and that counsel’s decisions were made in the exercise of reasonable professional judgment. The reasonableness of counsel’s conduct is examined from counsel’s perspective at the time of trial and under the particular circumstances of the case. Citations and punctuation omitted. Adams v. State , 283 Ga. 298, 299 3 658 SE2d 627 2008.