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Collins v. State

Absent a proffer, the defendant could not show that his trial counsel was deficient for failing to call character witnesses to testify on the defendant's behalf.

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Following a jury trial, Eddie Collins was convicted on two counts of aggravated battery,1 four counts of aggravated assault,2 one count of reckless driving,3 one count of reckless conduct,4 and one count of leaving the scene of an accident.5 He appeals his convictions and the denial of his motion for new trial, arguing that his trial counsel provided ineffective assistance by failing to call various witnesses, by failing to adequately investigate the case, and by failing to adequately advise him regarding his right to testify. For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, Davis v. State ,6 the evidence shows that on July 8, 2007, Collins was visiting some family friends in a Monroe, Georgia neighborhood, when he became involved in an argument with one of the neighborhood’s residents. The argument quickly escalated into a fight between Collins and several of the neighborhood’s residents. Other neighborhood residents called the police, but those involved in the fight, including Collins, fled the scene as the police approached.

Later that same afternoon, a group of the neighborhood residents, including some who had been involved in the fight, were walking down the street not far from where the fight had occurred when they noticed Collins’s automobile stopped at an intersection a short distance up the street. Instead of reversing or turning his vehicle at the intersection, Collins revved up his engine and sped toward the group, striking four of them and seriously injuring two of those four. After Collins’s vehicle stopped, he got out and began punching one of the individuals he had struck. He then fled the scene in his vehicle but was apprehended and arrested by police shortly thereafter.

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