Bentley v. State
314 Ga. App. 599
Ga. Ct. App.2012Background
- Bentley was convicted of child molestation under OCGA § 16-6-4(a)(1) after a jury trial.
- The incident involved Bentley touching his thirteen-year-old daughter J.B. in May 2006 while driving near a church in Paulding County.
- J.B. reported the incident to her mother, who notified police; investigators arrested Bentley.
- At trial, the State admitted a similar 1994 incident of statutory rape as evidence of pattern or propensity.
- Bentley’s appeal challenged (i) venue proof in Paulding County and (ii) the effectiveness of trial counsel for introducing evidence of Bentley’s recent prison release.
- The appellate court affirmed the conviction, holding venue proven and trial counsel not ineffective under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proof in Paulding County | Bentley argues venue was not proven. | State contends venue established by victim and officer testimony. | Venue proven; sufficient total evidence in Paulding County. |
| Ineffective assistance for introducing prison-release evidence | Bentley claims trial counsel was deficient for introducing release from prison. | State contends strategy justified and not deficient. | No deficient performance; strategy entitlement to present motive evidence aligns with trial tactics. |
Key Cases Cited
- Damerow v. State, 310 Ga.App. 530 (2011) (standard of review on sufficiency of evidence; no presumption of innocence after verdict)
- Scott v. State, 302 Ga.App. 111 (2010) (venue proof via direct or circumstantial evidence; totality of evidence suffices)
- Bravo v. State, 269 Ga.App. 242 (2004) (officer's county of employment supports venue evidence when combined with other proof)
- Nelson v. State, 302 Ga.App. 583 (2010) (ineffective assistance standard; strategic decisions insulated from challenge as deficient)
- Thomas v. State, 291 Ga.App. 795 (2008) (Strickland framework applied to evaluate counsel performance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel: deficient performance and prejudice)