Bynum v. State
315 Ga. App. 392
Ga. Ct. App.2012Background
- Bynum was convicted of child molestation in 2002 for acts against his 15-year-old daughter.
- This appeal is Bynum's third to the Georgia Court of Appeals; in Bynum II the court remanded for an evidentiary hearing on trial counsel's effectiveness and deferred addressing appellate-delay claims.
- Bynum challenges the trial court's denial of his ineffective-assistance claim, arguing counsel was deficient and that the deficiency prejudiced the outcome.
- The Strickland two-prong test governs appellate review of counsel’s effectiveness: deficient performance and a reasonable probability of different outcome absent the deficiency.
- The appellate court accepts trial court findings of fact unless clearly erroneous and reviews legal conclusions independently, applying Strickland to the facts.
- The record shows the evidence of guilt was overwhelming; alleged counsel deficiencies did not prejudice the defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffectiveness for not requesting a testify-charge | Bynum argues prejudice from no charge on his silence. | Bynum contends counsel should have requested the charge; failure harmed trial. | No error; charge not required unless requested; no prejudice shown. |
| Failure to preserve objections to jury charges | Bynum claims counsel should have objected to or reserved on charges about his silence. | Counsel’s actions were strategic; failure to object is not ineffective absent erroneous charges and likelihood of different outcome. | Charge not erroneous or outcome-altering; no ineffective assistance shown. |
| Seven-year appellate delay due process claim | Delay in docketing appellate proceedings violated due process. | Delay analyzed under Barker-based framework; issue preserved? No ruling below; cannot be raised for first time on appeal. | Delay claim affirmed to the extent it is reviewable; issue not ripe due to preservation/rules; affirmed judgment. |
Key Cases Cited
- Strickland v. State, 466 U.S. 668 (1984) (establishes the two-prong deficient performance and prejudice test for ineffective assistance)
- Burnette v. State, 291 Ga.App. 504 (2008) (illuminates that failure to pursue a futile objection may not be ineffective)
- Duvall v. State, 273 Ga.App. 143 (2005) (supports presumption of trial strategy in counsel's actions)
- Bellamy v. State, 312 Ga.App. 899 (2011) (addressed overwhelming guilt and lack of prejudice from counsel's actions)
- Coats v. State, 303 Ga. App. 818 (2010) (discusses appellate review standards for ineffective assistance and prejudice)
- Walker v. State, 247 Ga. 484 (1981) (speedy appellate rights and due process framework cited)