Allen Christopher Moore appeals his convictions for murder and possession of a firearm during commission of a felony.1 The evidence at trial established that immediately prior to his death, Eric Kemp was speaking on the telephone with his girlfriend and told her he had to hang up because “Little Al,” which was Moore’s nickname, was at the door. Minutes later, Kemp was shot to death in his home in front of his nine-year-old daughter. She described the killer as a short, dark-skinned male with braids in his hair and a scar on his forehead, with “dirty, vampire teeth,” wearing a blue shirt and cap and jeans. Police officers found shell casings from two weapons and a scrap of paper with Moore’s name on it at the scene of the shooting. One neighbor saw a short man wearing a sweatshirt run from Kemp’s house and get into the backseat of a green Toyota Camry which was then driven away, while another neighbor saw two men run and get into the Camry. One of two women who had accompanied Moore’s cousin from Pittsburgh, Pennsylvania to Atlanta testified Moore and his cousin entered into a drug deal with Kemp and were cheated; Moore had a handgun and his cousin obtained a handgun; and on the evening of the shooting, the two men left in a green Camry, wearing dark clothes. When Moore and his cousin returned, they and the two women left hurriedly for Pittsburgh, where the witness later saw Moore and his cousin washing bloody clothes. Moore’s cousin told the witness they had killed Kemp and a little girl was in the house at the time of the killing. Moore’s cellmate while he was incarcerated in Pittsburgh on an unrelated matter testified Moore told him that Moore’s partner had gone to Kemp’s home and shot him in front of his daughter because Kemp had robbed Moore and his partner of $20,000 in a drug deal. Testimony established Moore’s cousin’s was driving his girlfriend’s green Toyota Camry around the time of the shooting. 1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find Moore guilty beyond a reasonable doubt of murder and possession of a firearm during commission of a felony. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. 2. In six enumerations of error, Moore contends he received ineffective assistance of counsel from the attorney who represented him at trial. In order to prevail on a claim of ineffective assistance, appellant “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.” Cit. Appellant ” ‘must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct.’ ” Cit. In reviewing a lower court’s determination of a claim of ineffective assistance of counsel, an appellate court gives deference to the lower court’s factual findings, which are upheld unless clearly erroneous; the lower court’s legal conclusions are reviewed de novo. Cit. Bales v. State , 277 Ga. 713 2 594 SE2d 644 2004 .
A. Moore first argues trial counsel rendered ineffective representation by failing to object when the State elicited testimony highlighting Moore’s pretrial silence. Specifically, he complains the State elicited testimony that Moore, although he was well-acquainted with Kemp’s family, failed to make a statement of condolence to the family, to assist in raising funds, or to attend Kemp’s funeral, and that the police gave Moore an opportunity during interrogation to explain where he was on the occasion of the shooting and why he had not come forward when he knew the police were seeking him.
