X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Cherokee County jury found Gary Keown guilty beyond a reasonable doubt of rape, OCGA § 16-6-1; three counts of aggravated child molestation, OCGA § 16-6-4; and aggravated sexual battery, OCGA § 16-6-22.2. Following the denial of his motion for a new trial, Keown claims that he received ineffective assistance of counsel and that the evidence was insufficient as to two counts of aggravated child molestation. Finding no error, we affirm. 1. Keown contends his trial counsel’s assistance was ineffective because counsel elicited testimony that Keown took a polygraph test and then failed to offer evidence that Keown passed the test. In order to prevail on a claim of ineffective assistance of counsel, a criminal defendant must show that counsel’s performance was deficient and that the deficient performance so prejudiced the client that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different. Strickland v. Washington, 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984. The criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. As the appellate court, we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts. Citations and punctuation omitted. Robinson v. State , 277 Ga. 75, 75-76 586 SE2d 313 2003. “Trial strategy and tactics do not equate with ineffective assistance of counsel.” Citation and punctuation omitted. Hazelrigs v. State , 255 Ga. App. 784, 786 2 567 SE2d 79 2002. Further,

strategic and tactical decisions are the exclusive province of the attorney after consultation with the client. Such decisions made after thorough investigation are virtually unchallengeable, providing no grounds for reversal unless they are so patently unreasonable that no competent attorney would have chosen them. Deciding which defense witnesses to call is a matter of trial strategy and tactics. And declining to present evidence to preserve the final word in closing argument is a well-recognized trial tactic. Punctuation and footnotes omitted. Leonard v. State , 268 Ga. App. 745, 748 2 603 SE2d 82 2004.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›