Bibb v. State
315 Ga. App. 49
| Ga. Ct. App. | 2012Background
- Bibb was tried in Oconee County and convicted of four counts of aggravated child molestation and two counts of child molestation.
- Appellant challenged the convictions on sufficiency of the evidence, admission of similar‑transaction evidence, and ineffective‑assistance claims.
- Victim testified Bibb molested her repeatedly over a long period, detailing a routine that culminated in oral sex and noting that the acts occurred when she lived in Oconee County.
- Trial court admitted similar‑transaction evidence: Bibb touching a younger sister, relationships with two teen girls, and a collection of photographs.
- Court held the similar‑transaction evidence was admissible under liberal rules for sexual offenses and not an abuse of discretion.
- Appellant waived any ineffective‑assistance claim by withdrawing the claim at the appellate level after discussion with counsel; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for four aggravated-child-molestation counts | Bibb argues evidence supports only two convictions | Evidence supports all four based on the victim's routine and frequency | Sufficient evidence for all four convictions |
| Admission of similar-transaction evidence | Similar‑transaction evidence properly admissible to show lustful disposition | Evidence is prejudicial or improperly connected | Court did not abuse discretion; admissible |
| Ineffective-assistance of counsel claim | Bibb claims trial counsel ineffective | Appellate withdrawal of the claim waived review | Waived; no appellate ineffective-assistance claim |
Key Cases Cited
- Pareja v. State, 286 Ga. 117 (2009) (proper use of similar‑transaction evidence; probative value)
- Kelley v. State, 308 Ga.App. 418 (2011) (similar‑transaction admissibility; balancing probative value and prejudice)
- Gresham v. State, 303 Ga.App. 682 (2010) (liberal standard for admission in sexual offenses)
- Avila v. State, 289 Ga. 409 (2011) (abuse of discretion standard for evidence admission)
- London v. State, 260 Ga.App. 780 (2003) (waiver of ineffective‑assistance claim when withdrawn)
- Butler v. State, 311 Ga.App. 873 (2011) (lustful disposition admissibility)
- Birkbeck v. State, 292 Ga.App. 424 (2008) (admissibility of prior acts to show disposition)
- Leaptrot v. State, 272 Ga.App. 587 (2005) (disposition evidence; admission)
- Mills v. State, 251 Ga.App. 39 (2001) (prior acts; admissibility for disposition)
- Johnson v. State, 222 Ga.App. 722 (1996) (photographs illustrating lustful disposition)
- Taylor v. State, 269 Ga.App. 74 (2004) (timeliness and production of evidence; continuance)