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Silcox v. State

Defense counsel engaged in trial tactics when he called defendant as the only defense witness, since he wished to retain the right to closing arguments and other witnesses' testimony would have been cumulative.

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A Murray County jury convicted defendant of two counts of child molestation1 . The trial court denied his motion for new trial, as amended. He now appeals contending he received ineffective assistance of counsel for counsel’s failure to: a prepare for trial by investigating the crime scene and interviewing witnesses whose names had been furnished by defendant and his wife, b introduce evidence of a negative rape kit test, c object to the testimony of the State’s witnesses as to what they had been told by the victim, and d call witnesses other than the defendant. Held:

As to each claim of ineffectiveness defendant has not established that his counsel’s performance was deficient and that deficient performance prejudiced his defense depriving him of a fair trial. Strickland v. Washington, 466 U. S. 668, 687 104 SC 2052, 80 LE2d 560; see Slade v. State, 270 Ga. 305, 306 2, 308 509 SE2d 618; see also Stephens v. State, 265 Ga. 120, 121 2, 122 453 SE2d 443.

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