Boatright v. State
308 Ga. App. 266
| Ga. Ct. App. | 2011Background
- Boatright was convicted by jury of child molestation, aggravated sexual battery, and two counts of tattooing a minor.
- He shared a residence with his girlfriend, the aunt of the victims C.D., P.K., and B.D.
- C.D. and P.K., both 15, received permanent Playboy bunny tattoos on their lower abdomens by Boatright on June 5, 2003.
- On about August 1, 2003, B.D. (14) was molested by Boatright while another minor, A.F., was present and observed him touching B.D.
- B.D. disclosed the molestation in October 2003; investigation ensued, revealing Boatright’s tattoos to police and revealing Boatright’s flight to Florida and later Louisiana.
- Boatright fled to avoid prosecution, was arrested in 2007, and was subsequently convicted on the tattooing and sex-offense counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Boatright contends counsel was ineffective in several trial acts. | State argues counsel's actions were strategic and not deficient. | No reversible error; no ineffective-assistance showing. |
| denial of severance | Boatright claims severance was required for grouped offenses. | State argues no abuse of discretion; evidence supports joint trial. | Court did not abuse discretion in denying severance. |
Key Cases Cited
- Walker v. State, 282 Ga. 703 (2007) (brief, nonresponsive bad-character remark may not mandate mistrial)
- Sweet v. State, 278 Ga. 320 (2004) (trial strategy and discretionary decisions reviewed de novo on appeal)
- Rivers v. State, 271 Ga. 115 (1999) (trial strategy decisions not ineffective assistance per hindsight)
- Tarver v. State, 280 Ga.App. 89 (2006) (mistrial where corrective actions remedy error)
- Mims v. State, 278 Ga.App. 282 (2006) (trial court remedies adequate to avoid mistrial)
- Farris v. State, 293 Ga.App. 674 (2008) (standard for evaluating counsel's strategy)
- Lupoe v. State, 284 Ga. 576 (2008) (defense strategy within trial counsel’s purview)
- McClain v. State, 301 Ga.App. 844 (2010) (prior theft convictions generally inadmissible for impeachment unless dishonesty shown)
- Adams v. State, 284 Ga.App. 534 (2007) (impeachment requirements for misdemeanor theft convictions)
- Clements v. State, 299 Ga.App. 561 (2009) (impeachment when theft conviction involves fraud/deceit)
- Rutledge v. State, 237 Ga.App. 390 (1999) (discretion on jury witness-testimony requests)
- Lee v. State, 241 Ga.App. 182 (1999) (jury requests for testimony must be judiciously evaluated)
- Freeman v. State, 202 Ga.App. 185 (1991) (pattern evidence and admissibility in similar-transaction contexts)
- Seidel v. State, 197 Ga.App. 14 (1990) (role of similar-transaction evidence in severance decisions)
- Dickerson v. State, 304 Ga.App. 762 (2010) (sex-offense context supports non-severance where admissible evidence would have been cross-admissible)
- Cheek v. State, 265 Ga.App. 15 (2003) (conflicts in testimony assessed by jury, not appellate review)
- Lamb v. State, 287 Ga.App. 389 (2007) (ineffective assistance where impeaching with theft convictions)