Brunson v. State
322 Ga. App. 302
Ga. Ct. App.2013Background
- Brunson was convicted by a jury of sexual battery of his 15-year-old granddaughter.
- He challenged the use of a prior statement to impeach him on cross-examination, arguing voluntariness not determined and non-admitted.
- He did not object to the impeachment at trial, triggering waiver on appeal.
- Brunson asserted ineffective assistance of counsel for not objecting.
- Trial counsel testified the impeachment approach aligned with the defense theory and was tactical.
- The court affirmed the conviction, ruling the impeachment issue was waived and counsel's performance not deficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the impeachment issue preserved for appeal? | Brunson | Brunson | Waived for appeal; no contemporaneous objection. |
| Did trial counsel's failure to object render the representation ineffective? | Brunson | Counsel's decision was strategic, not deficient. | No ineffective assistance; strategy deemed reasonable; judgment affirmed. |
Key Cases Cited
- Walker v. State, 268 Ga. App. 669, 672 (3) (602 SE2d 351) (2004) (Ga. App. 2004) (waiver for failure to object to cross-examination)
- Willis v. State, 241 Ga. App. 813, 815 (2) (527 SE2d 895) (2000) (Ga. App. 2000) (another waiver/objection to impeachment issue)
- Durden v. State, 293 Ga. 89, 97 (6) (744 SE2d 9) (2013) (Ga. 2013) (ineffective assistance standard)
- Abernathy v. State, 299 Ga. App. 897, 903 (3) (685 SE2d 734) (2009) (Ga. App. 2009) (trial strategy governs objections)
- Brockington v. State, 316 Ga. App. 90, 95 (2) (728 SE2d 753) (2012) (Ga. App. 2012) (courts respect trial tactics; not deficient performance)