Legal Opinion · Dissent

GONZALES v. the STATE.

Court of Appeals of Georgia

Decided March 16, 2018No. A17A1857Published

1DissentBranch, Judge

Although Gonzales argues that he was prejudiced by counsel's failure to elicit testimony from the mother that her daughter was untruthful, counsel testified at the hearing on Gonzales's motion for new trial that counsel chose not to do so because in the absence of testimony from the child herself as to her truthfulness, the mother's opinion on the subject would have been based on facts not in evidence. The trial court concluded that declining to extend cross-examination of the mother to the subject of the victim's untruthfulness was a reasonable legal strategy. Because we are not entitled to…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Arnold v. StateSupreme Court of Georgia · 2013
  3. Howard v. the StateCourt of Appeals of Georgia · 2017
  4. Perdue v. StateSupreme Court of Georgia · 2016
  5. Jarvis v. StateCourt of Appeals of Georgia · 2004

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