X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

McFadden, Presiding Judge.After a jury trial, Michael Jerome Bryant was convicted of rape. He appeals the denial of his motion for new trial, arguing that trial counsel was ineffective, but he has not met his burden of showing both deficient performance and prejudice. He also argues that the trial court erred by refusing to admit certain sexually explicit photographs the victim allegedly sent Bryant, but the trial court’s ruling was within his discretion. So we affirm.1. Facts.   Viewed in the light most favorable to the verdict, Newsome v. State, 324 Ga. App. 665 (751 SE2d 474) (2013), the evidence showed that the victim and Bryant had an on-again, off–again romantic relationship that lasted about two-and-a-half years. Months after their relationship had ended, Bryant showed up at the victim’s apartment, surprising her.The victim was wearing a house dress, so she went upstairs to change clothes. Bryant entered her bedroom, uninvited, while she was changing. The victim asked Bryant to return downstairs, but instead he closed and locked the door. He told the victim that he wanted to have sex with her. She responded that she was in a relationship with someone else and did not want to have sex with him. Bryant became aggressive. He pushed the victim onto the bed, removed her clothing, and had sexual intercourse with her.2. Ineffective assistance of counsel.Bryant argues that his trial counsel was constitutionally ineffective in failing to inform him that he was under no obligation to testify and in failing to object to the assistant district attorney’s reference to his post-arrest silence. To prevail on this claim, Bryant   must show that his trial counsel provided deficient performance and that, but for that unprofessional performance, there is a reasonable probability that the outcome of the proceeding would have been different. See Strickland v. Washington, 466 U. S. 668, 687, 694 (104 SCt 2052, 80 LE2d 674) (1984). In examining an ineffectiveness claim, a court need not address both components of the inquiry if the defendant makes an insufficient showing on one. In particular, a court need not determine whether counsel’s performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.

 
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

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›