Chalk v. State
318 Ga. App. 45
Ga. Ct. App.2012Background
- Chalk was convicted at trial of child molestation and public indecency; motion for new trial denied.
- Chalk appeals alleging ineffective assistance of trial counsel and due process violations due to transcript delays.
- Evidence showed multiple molestation incidents involving P.B. (age 9) in Sept. 2005 and D.B. (age 5) in Oct. 2005, plus a 20-year-old victim witnessing Chalk
- Indictment charged counts including October 7, 2005 as the date; Chalk argued the date was erroneous but the indictment did not require a specific date.
- Chalk asserted potential alibi-type defense via a now-deceased father; trial-related speedy-trial and transcript-delay claims were raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not filing a special demurrer to the date. | Chalk—date error prejudices defense. | Chalk—no material element in date; demurrer unnecessary. | No reversible error; date not material. |
| Whether failure to depose a potential alibi witness was ineffective assistance. | Chalk—father would have aided defense. | Counsel’s strategy reasonable given father’s condition. | Not ineffective; strategic decision reasonable. |
| Whether the speedy-trial claim could have been raised to obtain dismissal. | Delay violated speedy-trial rights. | Barker-Doggett factors do not show prejudice. | No speedy-trial violation; failure to raise not prejudicial. |
| Whether the transcript delay violated due process. | 34-month transcript delay; due process concern. | Delay attributable to State; no prejudice shown. | No due-process violation; delay not inherently prejudicial. |
Key Cases Cited
- Damerow v. State, 310 Ga. App. 530 (Ga. App. 2011) (standard for review on sufficiency of evidence)
- Bridges v. State, 286 Ga. 535 (Ga. 2010) (Strickland framework and deference to counsel)
- Lewis v. State, 304 Ga. App. 831 (Ga. App. 2010) (demurrer and defense impact on trial strategy)
- Robbins v. State, 290 Ga. App. 323 (Ga. App. 2008) (date as non-material element; indictment sufficiency)
- Polite v. State, 273 Ga. App. 235 (Ga. App. 2005) (deposing witnesses and strategy considerations)
- Stewart v. State, 310 Ga. App. 551 (Ga. App. 2011) (Barker-Doggett speedy-trial framework applied to Georgia)
- Ditman v. State, 301 Ga. App. 187 (Ga. App. 2009) (pretrial delay presumptively prejudicial; factors weighed)
- Johnson v. State, 313 Ga. App. 895 (Ga. App. 2011) (state-caused delay; neutrality when unexplained)
- Nealy v. State, 246 Ga. App. 752 (Ga. App. 2000) (delay in asserting speedy trial rights weighed against defendant)
- Graham v. State, 171 Ga. App. 242 (Ga. App. 1984) (due process and delay analysis in appeals)
- Smith v. State, 274 Ga. App. 568 (Ga. App. 2005) (transcript delay and due process)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial analysis)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (preservation of speedy-trial rights and delay)