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McMichael v. State

Trial counsel's decision to use only the witness's most recent conviction for impeachment purposes at trial was a matter of trial tactics.

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Following a jury trial, Antonio McMichael appeals his conviction for aggravated assault, arguing that the trial court erred in denying his motion for new trial that asserted a claim of ineffective assistance of counsel. We hold that some evidence supported the trial court’s finding that trial counsel strategically decided to focus solely on the victim’s prior robbery conviction to impeach the victim rather than to refer also to the victim’s other much older felony convictions. As the trial court did not clearly err in finding McMichael failed to show ineffective assistance, we affirm. Construed in favor of the verdict, Davis v. State ,1 the evidence shows that two men attacked and mercilessly beat a victim with a “telescoping baton,” presumably over some gambling losses. There was some evidence that the attackers took his wallet. The victim, who was found by the police and hospitalized, eventually told police that he knew his attackers, one of whom he knew as “Big Dog.” After the victim picked out McMichael from a photo line-up, police arrested McMichael.

McMichael was charged with robbery and aggravated assault. The victim identified McMichael in court as one of the attackers. A jury acquitted McMichael in December 2008 of the robbery charge but found him guilty on the aggravated-assault charge. Following the denial of his amended motion for new trial, he appeals.

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