NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.
In the Supreme Court of Georgia
Decided: May 28, 2025
S25A0058. SIMS v. THE STATE.
S25A0150. GLOVER v. THE STATE.
BETHEL, Justice.
Colton Jerrod Sims and Monte Glover were convicted of malice
murder and other crimes in connection with the shooting death of
DeCoby Barlow and the contemporaneous aggravated assault of
Landon Brown.1 Both Sims and Glover challenge the sufficiency of
1 The crimes occurred on December 8 to 9, 2018. In February 2019, a
Henry County grand jury indicted Sims, Glover, and co-defendant Jalon
Edwards for malice murder (Count 1), felony murder predicated on aggravated
assault (Count 2), two counts of aggravated assault (Counts 5 and 6), and two
counts of possession of a firearm during the commission of a felony (Counts 9
and 10). Sims was separately indicted for felony murder predicated on
possession of a firearm by a convicted felon (Count 3) and felon-in-possession
(Count 7); Glover was separately indicted for the same crimes (Counts 4 and
8). Sims, Glover, and Edwards were tried together before a jury in January and
February 2020 and were found guilty on all counts. Edwards’ case is not part
of this appeal. The trial court sentenced Sims and Glover to serve life in prison
on Count 1, twenty years concurrent on Count 6, five years consecutive on their
respective felon-in-possession counts, and five years consecutive on Count 9.
The remaining counts merged or were vacated by operation of law.
the evidence supporting their convictions. Additionally, Sims raises
four claims of trial court error, and both Sims and Glover assert that
their trial counsel was constitutionally ineffective in various
respects. For the reasons that follow, we affirm.
1. Viewed in the light most favorable to the verdicts, the
evidence at trial showed the following. On the evening of December
8, 2018, Sims and his friend Colby Toles got into a dispute with
Glover and co-defendant Jalon Edwards at a nightclub. During the
ensuing scuffle between Toles and Edwards, Edwards brandished a
firearm, and the dispute moved outside. The group and several
patrons, including Barlow, likewise exited the building.
A witness, Chris Jackson, testified that he saw Sims, whom he
knew, fire several shots in the air near the club at the corner of the
building and that he thought Sims was “taking up” for Toles.
Sims and Glover separately filed timely motions for new trial, which
were amended. Following evidentiary hearings, the trial court entered orders
denying Sims’ and Glover’s motions, as amended, on November 22, 2023, and
July 28, 2023, respectively. Sims and Glover then filed timely notices of appeal,
and their cases were docketed to this Court’s term beginning in December 2024
and submitted for a decision on the briefs.
2
Jackson then heard shots being fired by another person.
Security guards outside the club observed Glover retrieve a
firearm from his vehicle and then heard shots ring out from different
directions outside the club. Brown, one of the security guards, saw
several people with firearms, heard shots fired toward him and the
other security guards at the front of the club, and heard shots
returned between the front of the club and the adjacent building.
While fleeing the barrage of shots, Barlow was struck in the
crossfire, sustaining a fatal gunshot wound to his back.
During the investigation into the crimes, ballistics evidence
confirmed that shots were fired between the two locations. Police
ultimately recovered a Glock handgun belonging to Edwards, which
was determined to have fired the bullet that killed Barlow. A
detective obtained surveillance video showing the crimes, which was
played for the jury at trial, and which the detective testified showed
Edwards and Glover firing weapons. The jury also heard testimony
that one of the security guards, who was present during the crimes
and who knew Glover, reviewed the security footage of the incident
3
and observed Glover fire his weapon.
2. Sims and Glover first challenge the sufficiency of the
evidence supporting their convictions as a matter of constitutional
due process. When reviewing the sufficiency of the evidence as a
matter of constitutional due process, the proper standard of review
is whether any rational trier of fact could have found the defendant
guilty beyond a reasonable doubt of the crimes of which he was
convicted. Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt
2781, 61 LE2d 560) (1979). This Court views the evidence in the
“light most favorable to the verdict, with deference to the jury’s
assessment of the weight and credibility of the evidence.” Hayes v.
State, 292 Ga. 506, 506 (739 SE2d 313) (2013) (citation and
punctuation omitted). “The jury’s verdicts will be upheld as long as
some competent evidence, even if contradicted, supports each fact
necessary to make out the State’s case.” Garcia-Solis v. State, 320
Ga. 754, 760 (1) (911 SE2d 673) (2025) (citation omitted). With these
principles in mind, we address the appellants’ contentions in turn.
(a) Sims argues that the evidence against him was insufficient
4
to support his convictions for malice murder, aggravated assault,
and felon-in-possession because, he says, the evidence did not
support a finding that he was a party to the crimes.2 To that end, he
points to the “undisputed” fact that he did not fire the fatal shot and
evidence that he was unacquainted with his co-defendants. Sims
further complains that only one witness testified that he fired a
weapon, that the State failed to produce physical or video evidence
connecting him to the crime, and that the evidence against him was
circumstantial and inconsistent. We are not persuaded.
Sims was charged individually and as a party to the crimes.
OCGA § 16-2-20 (a) provides that “[e]very person concerned in the
commission of a crime is a party thereto and may be charged with
and convicted of commission of the crime.” “Conviction as a party to
a crime requires proof of a common criminal intent, which the jury
2 Though Sims purports to challenge the sufficiency of the evidence on
all the charges of which he was found guilty, we confine our analysis to those
crimes for which Sims was actually sentenced. See Milton v. State, 318 Ga. 737,
742 (2) n.5 (900 SE2d 590) (2024) (because appellant was not sentenced for
charges that were vacated or merged, sufficiency claims related to those crimes
were moot).
5
may infer from the defendant’s presence, companionship, and
conduct with another perpetrator before, during, and after the
crimes.” Clark v. State, 315 Ga. 423, 427 (2) (883 SE2d 317) (2023).
We conclude that there was sufficient evidence from which the jury
could find that Sims was guilty of the crimes of which he was
convicted, at least as a party to the crimes.
As an initial matter, Sims’ complaints about the circumstantial
nature of the evidence3 and inconsistencies in the evidence do not
mean that the evidence was insufficient as a matter of constitutional
due process. See Anglin v. State, 312 Ga. 503, 506-507 (1), 863 SE2d
3 In his appellate brief, Sims makes no specific argument that the
evidence at trial was insufficient as a matter of Georgia statutory law. To the
extent Sims’ reference to the circumstantial nature of the evidence against him
is intended to raise a sufficiency challenge under Georgia statutory law, see
OCGA § 24-14-6 (“[To warrant a conviction on circumstantial evidence, the
proved facts shall not only be consistent with the hypothesis of guilt, but shall
exclude every other reasonable hypothesis save that of the guilt of the
accused.”), OCGA § 24-14-6 is inapplicable here because the State also
presented direct evidence of Sims’ guilt in the form of eyewitness testimony.
See Bradley v. State, 318 Ga. 142, 144 (1) (897 SE2d 428) (2024) (“[I]f there is
any direct evidence presented by the State, the circumstantial evidence statute
does not apply in a sufficiency analysis.” (citation and punctuation omitted));
Gittens v. State, 307 Ga. 841, 843 (1) n.2 (838 SE2d 888) (2020) (“Eyewitness
testimony based on the witness’s firsthand observations of the crime is direct,
not circumstantial, evidence.”).
6
148 (2021) (“The fact that the evidence of guilt was circumstantial
does not render it insufficient.” (citation and punctuation omitted));
Williams v. State, 287 Ga. 199, 200 (695 SE2d 246) (2010) (“It was
for the jury to determine the credibility of the witnesses and to
resolve any conflicts or inconsistencies in the evidence.” (citation
and punctuation omitted)).
Here, eyewitness testimony established that the crimes arose
from Toles and Sims’ dispute with Glover and Edwards and that,
during the resulting exchange of gunfire between the men, Barlow
sustained a fatal gunshot wound and shots were fired toward Brown.
An eyewitness who knew Sims testified that he saw Sims fire several
shots in the air near the club and that he thought Sims was “taking
up” for Toles. We have held that participating in a gunfight in a
crowded area is enough to support a conviction for malice murder as
a party to the crime. See Blackwell v. State, 302 Ga. 820, 821 (1) (809
SE2d 727) (2018); Coe v. State, 293 Ga. 233, 235 (1) (748 SE2d 824)
(2013) (evidence that defendant and intended victim engaged in
gunfight that ultimately resulted in death of bystander was
7
sufficient to support conviction for malice murder). And regardless
of who inflicted the fatal shot, evidence that Sims armed himself
with and subsequently discharged his weapon during his dispute
with Glover and Edwards authorized a rational jury to infer that
Sims “shared a common criminal intent with [his co-defendants] to
engage in a gunfight in the presence of innocent bystanders.”
Blackwell, 302 Ga. at 821 (1) (where appellant participated in a
gunfight in a crowded parking lot, a rational trier of fact could find
he was a party to malice murder even though he did not fire the fatal
shot). See also Jones v. State, 292 Ga. 656, 658 (1) (a) (740 SE2d 590)
(2013) (evidence sufficient for aggravated assault conviction where
rational jury could have inferred that defendant and coconspirator,
who discharged a firearm, striking an innocent bystander, shared a
common intent to engage in a gunfight in the presence of innocent
bystanders).
That only one eyewitness testified to seeing Sims possess and
fire a weapon is of no moment. See OCGA § 24-14-8 (“The testimony
of a single witness is generally sufficient to establish a fact.”). Nor
8
was the State required to produce evidence besides the eyewitness
testimony showing that Sims possessed and fired a weapon —
whether physical, video, or otherwise — “because the testimony of a
single witness is generally sufficient to establish a fact, and the lack
of corroboration with physical evidence only goes to the weight of the
evidence and the credibility of the testifying witness, which is solely
within the purview of the jury.” Denson v. State, 307 Ga. 545, 547
(1) (837 SE2d 261) (2019) (citation and punctuation omitted). See
also Grant v. State, 319 Ga. 490, 494 (2) (a) (904 SE2d 338) (2024)
(“[T]he fact that the State did not produce certain types of evidence
does not mean that the evidence was insufficient.”). As such, the
evidence presented at trial was sufficient to support Sims’
convictions as a party to the crime as a matter of constitutional due
process, and Sims’ sufficiency claim fails.
(b) Glover, for his part, challenges the sufficiency of the
evidence to support his conviction for malice murder4 by arguing
4 Because Glover’s argument regarding the sufficiency of the evidence
focuses exclusively on his murder conviction, we have limited our analysis
9
that the “only” evidence connecting him to the shooting was the
testimony of an investigating detective who identified Glover as one
of the shooters shown on the surveillance video, and he complains
that the detective’s testimony should have been excluded.5 This
argument is unavailing.
Whether the detective’s testimony was properly admitted is
irrelevant to a sufficiency analysis. As we have explained, “[w]hen
we consider the legal sufficiency of the evidence under Jackson v.
Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979), we
consider all of the evidence presented at trial, without regard to
whether some of that evidence might have been improperly
admitted.” Welbon v. State, 301 Ga. 106, 107 (1) n.2 (799 SE2d 793)
(2017). See also McDaniel v. Brown, 558 U. S. 120, 131 (III) (130 SCt
665, 175 LE2d 582) (2010) (When assessing whether evidence
adduced at trial was sufficient to support a conviction, “a reviewing
accordingly. See Morrell v. State, 318 Ga. 244, 246 (1) n.3 (897 SE2d 841)
(2024).
5 Glover does not separately enumerate as error the admission of this
testimony or provide authority in support of his conclusory assertion that it
should have been excluded.
10
court must consider all of the evidence admitted by the trial court,
regardless of whether that evidence was admitted erroneously.”
(citation and punctuation omitted)). Moreover, contrary to Glover’s
assertion, the detective’s testimony was not the only evidence of his
guilt. As noted above, two security guards who knew Glover testified
that they saw him run to a car in front of the club and retrieve a
gun, and one of the guards testified that Glover was one of the
shooters visible in security footage of the incident. Though Glover
attempts to discount this evidence by casting doubt on the credibility
of the guards and the weight owed their testimony, those were issues
for the jury to resolve, and “[t]he jury’s resolution of these issues
adversely to the defendant does not render the evidence
insufficient.” Tyler v. State, 311 Ga. 727, 730 (2) (859 SE2d 73)
(2021). Instead, viewed in the appropriate light, we conclude that
the evidence was sufficient as a matter of constitutional due process
for a rational trier of fact to find Glover guilty of malice murder. See
Coe, 293 Ga. at 235 (1).
3. Sims raises four claims of trial court error. As explained
11
below, we conclude that Sims waived appellate review of one claim
by acquiescence and abandoned two other claims for failure to cite
any authority or engage in legal analysis. Sims’ third claim of error
fails on the merits.
(a) Sims first argues that the trial court erred by refusing a
juror’s request to be excused from jury service based on concern for
her and her family’s safety or, alternatively, by denying the State’s
request to instruct the juror not to discuss her concerns with other
jurors. But in the trial court, Sims did not object to the trial court’s
refusal either to excuse the juror or to instruct her not to speak to
other jurors about her concerns, as requested by the State. In fact,
Sims expressly indicated that he did not believe it was necessary to
excuse the juror. It is axiomatic that “[n]o matter how erroneous a
ruling of a trial court might be, a litigant cannot submit to a ruling
or acquiesce in the holding, and then complain of the same on
appeal.” Compton v. State, 281 Ga. 45, 46 (2) (635 SE2d 766) (2006).
12
As such, Sims has waived appellate review of this claim. 6
(b) In two separate additional enumerations of error, Sims
argues that the trial court erred by overruling his objections to
testimony by an investigating detective. However, Sims has failed
to cite any authority or engage in legal analysis in support of those
claims. Supreme Court Rule 22 (1) states that in all briefs filed in
cases other than death-penalty matters, “[a]ny enumerated error or
subpart of an enumerated error not supported by argument,
citations to authority, and citations to the record shall be deemed
abandoned.” And as we recently explained, to avoid having an
enumeration of error deemed abandoned, litigants must “ensure
that argument, citation to authority, and citation to the record are
all present” with respect to each and every error enumerated in their
briefs. Byrd v. State, ___ Ga. ___ (2) (913 SE2d 667) (2025). By
omitting citation of authority and legal analysis, Sims has failed to
comply with Rule 22, and we conclude that he has abandoned these
6 Further, plain error review does not apply to this claim of error. See
Williams v. State, 291 Ga. 501, 505 (2) (732 SE2d 47) (2012).
13
claims of error. See id.
(c) In the sole claim of trial court error preserved for ordinary
appellate review, Sims argues that the trial court erred by
sustaining the State’s hearsay objection during his crossexamination of a detective, specifically, when Sims asked the
detective if he had learned that another person, whom Sims
identified by name, was investigated as a possible shooter. But even
assuming that the trial court erred by sustaining the objection, we
conclude that any error was harmless, particularly in light of Sims’
failure to show, or even argue, how the exclusion of this testimony
harmed him. See Kitchens v. State, 310 Ga. 698, 702 (2) (854 SE2d
518) (2021) (“The test for determining nonconstitutional harmless
error is whether it is highly probable that the error did not
contribute to the verdict.”).
Here, the primary import of the excluded testimony was to
show that the investigation into the crimes was flawed and that
police failed to consider other viable suspects. But the jury heard
ample testimony supporting that aspect of Sims’ defense theory.
14
Indeed, the record shows that Sims was not foreclosed from pursuing
a line of inquiry about other potential perpetrators and, in fact,
elicited additional testimony from the detective about another
possible shooter who was “not seated at the defense table.” Sims also
elicited testimony without objection regarding the investigation into
a different potential shooter, whom he also identified by name. In
light of the specific evidence presented in support of Sims’ theory,
testimony identifying a specific person as an alternative suspect
“was essentially cumulative, and it is highly unlikely that such
additional evidence would have had any effect on the verdict.” Cook
v. State, 312 Ga. 299, 302 (2) (862 SE2d 510) (2021) (any error in
excluding testimony about acts of violence committed by victim
against third parties that was intended to show appellant had
reason to fear victim was harmless because other evidence
established that victim had reputation for violence, was known to
carry a gun, and previously assaulted appellant and, thus, excluded
testimony was “essentially cumulative”); Walker v. State, 306 Ga.
44, 47 (2) (829 SE2d 121) (2019) (any error in excluding testimony
15
of appellant’s sister that appellant said victim tried to kill him was
cumulative and harmless because appellant testified that he acted
in self-defense and responding officer testified that appellant
claimed victim had shot him). As such, this claim fails.
4. Finally, Sims and Glover argue that trial counsel rendered
ineffective assistance in numerous ways. To establish ineffective
assistance of counsel, a defendant must show that his counsel’s
performance was professionally deficient and that he suffered
prejudice as a result. See Strickland v. Washington, 466 U. S. 668,
687 (III) (104 SCt 2052, 80 LE2d 674) (1984). To prove deficiency, he
must show that his lawyer “performed his duties in an objectively
unreasonable way, considering all the circumstances and in the light
of prevailing professional norms,” which is “no easy showing, as the
law recognizes a strong presumption that counsel performed
reasonably.” Davis v. State, 299 Ga. 180, 182-183 (2) (787 SE2d 221)
(2016) (citation and punctuation omitted). To show prejudice, a
defendant must show “that there is a reasonable probability that,
but for counsel’s deficiency, the result of the trial would have been
16
different.” Washington v. State, 313 Ga. 771, 773 (3) (873 SE2d 132)
(2022). “A reasonable probability is a probability sufficient to
undermine confidence in the outcome.” Strickland, 466 U. S. at 694
(III) (B). If a defendant fails to make a sufficient showing on one part
of the Strickland test, we need not address the other part. See
Washington, 313 Ga. at 773 (3).
(a) Sims first contends that his counsel performed deficiently
by failing to object when Jackson testified that he thought Sims “was
taking up” for Toles, asserting that Jackson’s testimony was based
on speculation. We disagree.
Under OCGA § 24-6-602, a witness generally cannot testify
about a matter “unless evidence is introduced sufficient to support
a finding that the witness has personal knowledge” of the matter.
That evidence “may, but need not, consist of the witness’s own
testimony.” Under that rule, “witnesses may testify about events
they personally observed.” Draughn v. State, 311 Ga. 378, 385 (4)
(858 SE2d 8) (2021). And a lay witness may testify in the form of
opinions which are “[r]ationally based on the perception of the
17
witness.” OCGA § 24-7-701 (a) (1).
Here, Jackson’s testimony that he saw Sims shooting and
believed that Sims was “taking up” for Toles was based on his
personal observation of the two at the club prior to the shooting, and
his opinion that Sims was “taking up” for Toles was rationally based
on his observations of the group and the altercation inside the club.
His testimony in this regard was thus properly admitted, and any
objection would have been meritless. See Favors v. State, 296 Ga.
842, 845-846 (3) (770 SE2d 855) (2015). And because trial counsel
does not perform deficiently by failing to make a meritless objection,
this enumeration fails. See Wesley v. State, 286 Ga. 355, 356 (3) (a)
(689 SE2d 280) (2010) (failure to make a meritless objection cannot
be evidence of ineffective assistance).
(b) Sims next complains that trial counsel was deficient for
failing to question a detective further about the lack of investigation
into the third shooter and more thoroughly present that theory of
defense to the jury. But “decisions about what questions to ask on
cross-examination are quintessential trial strategy and will rarely
18
constitute ineffective assistance of counsel.” Pritchett v. State, 314
Ga. 767, 786 (3) (b) (879 SE2d 436) (2022). The record shows that
counsel questioned the detective about a possible third shooter and
argued to the jury during closing that investigators failed to
adequately pursue and investigate this theory of the crime. Sims’
vague assertions that counsel should have asked more or different
questions about a third shooter is insufficient to carry his burden of
showing that counsel’s cross-examination of the detective fell
outside the “wide range of reasonable professional conduct.” Id.;
Gaston v. State, 307 Ga. 634, 642 (2) (d) (837 SE2d 808) (2020)
(“Decisions about cross-examination do not amount to deficient
performance unless they are so unreasonable that no competent
attorney would have made them under similar circumstances.”
(citation and punctuation omitted)). For this reason, this claim fails.
(c) Sims also argues that trial counsel should have moved to
excuse the juror who expressed concern for her and her family’s
safety, or, at a minimum, requested further inquiry into that juror’s
letter to the court. “[J]uror selection is a matter of trial tactics and
19
strategy,” and “a decision implicating trial tactics and strategy can
serve as the basis for an ineffectiveness claim only if it is so patently
unreasonable that no competent attorney would have made such a
decision.” Capps v. State, 300 Ga. 6, 12-13 (2) (e) (792 SE2d 665)
(2016). At the motion for new trial hearing, counsel testified that he
did not think the alternate jurors would be favorable to the defense
and that he was “more afraid of the alternate” than he was of the
juror at issue here. Counsel also noted that, despite her safety
concerns, the juror indicated that she could remain impartial and,
for that reason, he did not think a motion to excuse her from service
would succeed. Though counsel expressed some regret at the motion
for new trial hearing for his decision not to pursue the matter
further, “trial counsel’s decisions relating to strategy and tactics are
not judged by hindsight.” Byrd, ___ Ga. at. ___ (4) (citation and
punctuation omitted). Sims has not established that, under the facts
of this case, counsel’s assessment was so patently unreasonable that
no competent attorney would have done the same, and his claim of
ineffective assistance fails. See Clark v. State, 315 Ga. 1, 4-5 (2) (a)
20
(880 SE2d 201) (2022) (trial counsel did not perform deficiently by
failing to further address alleged juror misconduct where reasonable
efforts were made to address the issue).
(d) Sims argues that trial counsel should not have withdrawn
his request for jury instructions on voluntary manslaughter and
involuntary manslaughter. This claim, like the others, fails.
“A request to charge must be legal, apt, and precisely adjusted
to some principle involved in the case and be authorized by the
evidence.” Hudson v. State, 308 Ga. 443, 445 (2) (a) (841 SE2d 696)
(2020) (citation and punctuation omitted). And “[t]o justify an
instruction for voluntary manslaughter, Appellant must show that
the killing occurred ‘solely as the result of a sudden, violent, and
irresistible passion resulting from serious provocation sufficient to
excite such passion in a reasonable person.’” Hayes v. State, 320 Ga.
505, 520 (6) (910 SE2d 198) (2024) (citing OCGA § 16-5-2 (a)). At the
motion for new trial hearing, trial counsel explained that he
withdrew his request for the instruction based on his determination
that the voluntary manslaughter charge was not adjusted to the
21
facts of the case, and the facts of this case appear to support that
conclusion. See Annunziata v. State, 317 Ga. 175, 179 (891 SE2d
814) (2023) (“Even a physical confrontation between two individuals
does not necessarily provide the slight evidence necessary to require
a voluntary manslaughter charge.”). Indeed, Sims points to no
evidence in the record supporting his assertion that such a charge
was warranted under the facts of this case. Sims therefore has not
shown that trial counsel’s assessment that the evidence did not
support a voluntary manslaughter instruction was unreasonable
and, as such, has not shown that counsel performed deficiently by
withdrawing his request for the instruction. See Vann v. State, 311
Ga. 301, 304-305 (2) (857 SE2d 677) (2021) (no deficient performance
where “[a] competent attorney could have assessed that a voluntary
manslaughter defense was either unavailable or weak”).
Trial counsel likewise did not perform deficiently by
withdrawing the instruction on involuntary manslaughter. Under
OCGA § 16-5-3 (a), “[a] person commits the offense of involuntary
manslaughter in the commission of an unlawful act when he causes
22
the death of another human being without any intention to do so by
the commission of an unlawful act other than a felony.” (Emphasis
supplied.) To warrant a charge on involuntary manslaughter, “the
unlawful act underlying the unintentional death of the victim must
be an act other than a felony.” Hood v. State, 303 Ga. 420, 428 (3)
(811 SE2d 392) (2018). Under the facts of this case, Sims’ acts of
possessing and discharging a firearm in the presence of innocent
bystanders constituted felonies, including aggravated assault and
possession of a firearm by a convicted felon, see OCGA §§ 16-5-21 (b)
and 16-11-131 (b), and Sims makes no effort to argue otherwise.
Accordingly, an involuntary manslaughter instruction was not
adjusted to the evidence in this case, and counsel did not perform
deficiently by withdrawing his request for such an instruction. See
Johnson v. State, 295 Ga. 615, 619-620 (3) (b) (759 SE2d 837) (2014);
Smith v. State, 315 Ga. 357, 364 (3) (882 SE2d 289) (2022).
(e) Lastly, Glover argues that trial counsel performed
23
deficiently by failing to meet or speak with him before trial.7 The
record belies this contention.
At the hearing on Glover’s motion for new trial, trial counsel
testified that he spoke with Glover about possible defenses and
witnesses before trial and met with him at the jail at least once.
Though Glover offered his own testimony to the contrary, the trial
court, in rejecting this claim below, explicitly credited counsel’s
testimony over Glover’s. “The trial court was authorized to credit the
testimony of [appellant’s] counsel, and its factual findings and
credibility determinations will be accepted unless clearly
erroneous.” Jones v. State, 287 Ga. 270, 272 (695 SE2d 271) (2010).
Because neither Glover nor our own review of the record reveals any
such error, Glover has failed to meet his burden of demonstrating
7 In connection with this enumeration, Glover complains that trial
counsel did not sit near him during the trial but instead sat somewhere he
could see and hear better, but the record shows that Glover did not raise this
argument in his amended motion for new trial and the trial court did not rule
on it. As such, this claim is waived. See King v. State, 304 Ga. 349 (2) (2018)
(“Where the issue of trial counsel’s effectiveness has been raised on motion for
new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived.” (citation and punctuation omitted)).
24
that counsel’s performance was deficient, and this claim fails.8 See
id.
Judgments affirmed. Peterson, CJ, Warren, PJ, and Ellington,
McMillian, LaGrua, Colvin, and Pinson, JJ, concur.
8 Because Glover has failed to show any deficiency, we need not address
his argument that new witness testimony presented at the hearing on the
motion for new trial established prejudice. See Jones, 287 Ga. at 272. And
Glover has not argued that the failure to call this witness at trial was otherwise deficient performance.
25