Barmore v. State
323 Ga. App. 377
Ga. Ct. App.2013Background
- Barmore was convicted of three counts of child molestation and three counts of sexual battery after a jury trial; motion for new trial denied; he appeals claiming ineffective assistance of counsel.
- The victim, K. R., was 13; the incident occurred in a camper where Barmore and two girls drank alcohol and played a drinking game.
- Barmore touched K. R.’s breasts and attempted to penetrate the groin area; the other girl slept through the incident; no police were called at the time.
- Katie Walker interviewed K. R. at the GreenHouse, an entity linked to the Whitfield County DA’s Victim Assistance Program, with Eicholtz serving as its board president and later as the juror foreperson.
- During voir dire, Eicholtz acknowledged GreenHouse leadership; defense counsel questioned his role, but he stated he could be impartial despite ties to law enforcement and DA’s office.
- Barmore argued trial strategy issues included failure to strike Eicholtz for cause, miscounted peremptory strikes, and failure to object to bolstering; the trial court denied relief and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to strike for cause | Barmore | Barmore | No reversible error; Eicholtz not disqualified for cause; impartial |
| Peremptory strike miscount | Barmore | Barmore | No deficient performance; strategic decision; miscount did not prejudice |
| Bolstering testimony objection | Barmore | Barmore | No error; strategy to attack credibility; no reasonable probability of prejudice even if obj ected |
Key Cases Cited
- Beam v. State, 260 Ga. 784 (1991) (juror was not disqualified for employment context)
- Shiver v. State, 276 Ga. 624 (2003) (acquaintance with DA’s office not automatic disqualification)
- Berry v. State, 302 Ga. App. 31 (2010) (noncompensated volunteer in Victim Assistance Program not disqualifying)
- Marryott v. State, 263 Ga. App. 65 (2003) (juror not disqualified despite association with DA's office)
- Phillips v. State, 277 Ga. 161 (2003) (standard for evaluating ineffective assistance in voir dire)
- Ware v. State, 321 Ga. App. 640 (2013) (peremptory challenges and strategy considerations in trial)
- Shields v. State, 307 Ga. App. 830 (2011) (jury selection is strategic; no ineffective assistance where decisions are tactical)
- Brown v. State, 288 Ga. 902 (2011) (objective reasonableness of performance; tactical decisions review)
- Rawls v. State, 315 Ga. App. 891 (2012) (cross-examination strategy can accompany not objecting to bolstering)
- Damerow v. State, 310 Ga. App. 530 (2011) (not objecting may be reasonable trial strategy)
- Alford v. State, 320 Ga. App. 523 (2013) (bolstering and credibility assessment in similar transaction context)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)