Butler v. State
319 Ga. App. 350
Ga. Ct. App.2012Background
- Butler was indicted on two counts of child molestation; Count 1 alleged mouth on victim's breast, Count 2 alleged hand on victim's vagina.
- Trial evidence showed Butler approached the eight-year-old, kissed her chest area and had contact with her clothed vaginal area; photos, forensic interview, and DNA/saliva on breasts were introduced.
- Butler presented a good character defense and testified that the girl and her grandmother visited his home; he claimed he kissed the girl on the cheek and that the girl pulled her shirt up and asked him to kiss it.
- Jury found Butler guilty on Count 1, could not reach a verdict on Count 2; the court entered judgment for Count 1, declared a mistrial on Count 2, and later entered nolle prosequi as to Count 2.
- Butler moved for a new trial alleging ineffective assistance of trial counsel; the trial court credited counsel's testimony over Butler's and denied the motion.
- Appeal followed; the appellate court affirmed, holding no Strickland prejudice or deficient performance shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to inform Butler of plea offers and the consequences. | Butler argues counsel failed to communicate plea offers and the strength of the case, causing trial instead of plea. | State argues counsel adequately conveyed offers and explained strength of the case; Butler rejected offers and insisted on innocence. | No, counsel did not provide deficient performance; communication was credible and offers were conveyed. |
Key Cases Cited
- Arnold v. State, 315 Ga. App. 831 (Ga. App. 2012) (plea-offer communication and prejudice standard under Strickland)
- Trammell v. State, 262 Ga. App. 786 (Ga. App. 2003) (credibility determinations in plea-communication claims)
- Mobley v. State, 264 Ga. 854 (Ga. 1995) (trial court credibility as factfinder)
- Jividen v. State, 256 Ga. App. 642 (Ga. App. 2001) (standard for reviewing trial-court credibility findings)
- Baskin v. State, 267 Ga. App. 711 (Ga. App. 2004) (regret over rejection of plea offers does not merit relief)