Cwikla v. State
313 Ga. App. 526
Ga. Ct. App.2012Background
- Cwikla, former boyfriend of T. D.'s mother, lived with her and T. D. for about a year; after breakup he briefly moved back in when homeless.
- T. D. disclosed to grandmother that she had been forced to perform oral sex on Cwikla and that she touched her daddy’s penis; grandmother alerted authorities.
- T. D. was interviewed at the Anna Crawford Children’s Center; a videotaped interview was played at trial.
- Evidence viewed in the light most favorable to the verdict established guilt on two counts of aggravated child molestation beyond reasonable doubt under Jackson v. Virginia.
- Trial juror Frost potentially had biases from caring for a foster child sexually abused by an adult male; trial court denied strike for cause.
- Cwikla challenged trial counsel for ineffective assistance; no transcript of the motion for new trial hearing exists in the record, creating a presumption against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Cwikla argues the evidence supports guilt. | State contends evidence suffices under Jackson v. Virginia. | Evidence sufficient to sustain conviction. |
| Denial of strike for cause | Frost’s experiences show bias; should have been excused. | Trial court properly exercised discretion; Frost could be impartial. | No error; Frost not disqualified as matter of law. |
| Ineffective assistance due to transcript absence | Counsel failed to object to victim-credibility assertions; transcript needed. | No transcript of motion-for-new-trial hearing; presumption of adequacy. | Record supports presumption; appellant failed to show ineffective assistance. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for evidence review)
- Goss v. State, 305 Ga. App. 497 (2010) (impartiality standard for juror challenges; abuse of discretion review)
- Park v. State, 260 Ga. App. 879 (2003) (impartiality and excusal for cause considerations)
- Johnson v. State, 262 Ga. 652 (1993) (implied standards for juror qualification)
- Chancey v. State, 256 Ga. 415 (1986) (juror impartiality and bias considerations)
- Patterson v. State, 233 Ga. App. 776 (1998) (record-based presumptions on ineffective assistance claims)
- Garland v. State, 263 Ga. 495 (1993) (general principles on trial conduct and evidentiary issues)
- Hamilton v. State, 281 Ga. 501 (2007) (appellate standards of review for trial errors)