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815 S.E.2d 288
Ga. Ct. App.
2018
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Background

  • Victim K.S. testified that Kenneth Blackwell began sexually abusing her in Ohio when she was ~7 and continued, including intercourse and oral sex, after the family moved to Gwinnett County; she became pregnant in 2012 and had a second‑trimester abortion.
  • K.S. reported the abuse to a friend’s mother (a police officer) in May 2014; Gwinnett officers and a detective later conducted a brief on‑scene contact and a redacted forensic interview played at trial.
  • Indictment charged offenses occurring in Gwinnett County between Oct. 1, 2010 and May 1, 2014: aggravated child molestation, aggravated sexual battery, and statutory rape.
  • At trial K.S. testified; her account was corroborated by medical records and Blackwell’s admission that he accompanied K.S. and her mother to the clinic.
  • Trial counsel did not move in limine or object to out‑of‑court statements by K.S. to other witnesses; after conviction counsel moved for new trial claiming ineffective assistance for failing to object to child‑hearsay evidence.
  • Trial court denied the new trial motion; Court of Appeals affirmed, finding the testimony sufficient and counsel’s failures non‑prejudicial or meritless to raise.

Issues

Issue Blackwell's Argument State's Argument Held
Sufficiency of evidence Conviction not supported beyond reasonable doubt K.S.’s testimony, medical records, and admission suffice Affirmed: evidence sufficient under Jackson v. Virginia
Ineffective assistance for failing to object to Ohio‑period evidence Counsel ineffective for not excluding out‑of‑court statements about pre‑July 2013 acts (child was 15 when she outcried) Evidence of prior difficulties and victim’s live testimony made objections futile; some statements admissible under post‑2013 child‑hearsay statute; pre‑2013 hearsay was cumulative Affirmed: no deficient performance or no prejudice; exclusion would be cumulative
Admissibility of child hearsay (pre/post July 1, 2013) Pre‑July 2013 statements inadmissible under former statute (child under 14 required) Post‑July‑2013 statute (child <16) applied to later acts; notice requirements satisfied; earlier statements inadmissible but cumulative Court: post‑July‑2013 statements admissible under OCGA §24‑8‑820; pre‑July‑2013 statements not admissible but harmless/cumulative
Venue / verdict voidness due to Ohio incidents Verdict void because jury may have considered out‑of‑state acts Indictment and jury instructions required proof of Gwinnett venue; presumption jury followed instructions Affirmed: jury instructions on venue were proper; conviction not void

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
  • Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
  • Rankin v. State, 278 Ga. 704 (appellate standard viewing evidence in light most favorable to verdict)
  • Robinson v. State, 277 Ga. 75 (deference to trial court factual findings in ineffective assistance review)
  • Anglin v. State, 302 Ga. 333 (futility of objection does not constitute ineffective assistance)
  • Brown v. State, 300 Ga. 446 (presumption that jury follows proper venue instruction)
Read the full case

Case Details

Case Name: BLACKWELL v. the STATE.
Court Name: Court of Appeals of Georgia
Date Published: Jun 19, 2018
Citations: 815 S.E.2d 288; A18A0696
Docket Number: A18A0696
Court Abbreviation: Ga. Ct. App.
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