Bufford v. State
320 Ga. App. 123
Ga. Ct. App.2013Background
- Bufford was convicted after a jury trial of child molestation and aggravated child molestation.
- The State presented R. B., then five, and her older brother, with corroborating forensic interviews published to the jury.
- Bufford was present at a New Year’s gathering where R. B. alleged Bufford touched her and kissed her in her private area.
- R. B.’s brother testified he saw Bufford with his hand near R. B.’s body and that Bufford’s actions occurred in the living room.
- Bufford objected to evidence about his appearance at arrest and mug shot; the trial court admitted it over no objection, and the defense later questioned witnesses about changes in appearance.
- Bufford sought relief on two theories: waiver of appellate review for the mug-shot evidence and ineffective assistance of counsel for not objecting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appellate review for mug-shot evidence | Bufford did not object; review waived | Admission was error; preserved for appeal if plain error | Appellate review waived |
| Ineffective assistance for failing to object to appearance-evidence | Counsel should have objected to irrelevant appearance evidence | Counsel’s strategy was reasonable; questioning witnesses about appearance reflected trial strategy | No deficient performance shown; strategy reasonable; admission valid |
Key Cases Cited
- Brooks v. State, 281 Ga. 514 (Ga. 2007) (failure to object generally waives appeal of evidence ruling)
- DeCastro v. State, 221 Ga. App. 83 (Ga. App. 1996) (physical precedent; identity at issue not absent here)
- Fortson v. State, 280 Ga. 376 (Ga. 2006) (relevance balancing; admissibility within trial court’s discretion)
- Smith v. State, 291 Ga. App. 545 (Ga. App. 2008) (relevant evidence not unduly prejudicial unless outweighed by probative value)
- Pruitt v. State, 282 Ga. 30 (Ga. 2007) (ineffective-assistance standard; prejudice inquiry required)
- Badie v. State, 317 Ga. App. 712 (Ga. App. 2012) (highly deferential review of trial counsel’s performance)
- Anderson v. State, 274 Ga. 871 (Ga. 2002) (trial strategy presumed absent contrary evidence)
- Belt v. State, 225 Ga. App. 813 (Ga. App. 1997) ( prohibition on counsel asserting ineffectiveness while still representing defendant)