Dumas v. State, 337 Ga. App. 124

Victim lived with Dumas (mother’s boyfriend) for ~4 months when she was ~7; alleged repeated sexual assaults and molestation by Dumas occurring when the mother was at work.
Victim did not disclose incidents as a child; began self-harm and behavioral changes; disclosed abuse to family and began therapy at age 17 in 2007; police warrant issued then; Dumas arrested in 2011 after warrant discovered.
Trial produced no physical evidence; prosecution relied on victim’s testimony, family observations, and expert testimony that delayed reporting is common in childhood sexual-abuse cases. The jury convicted Dumas of rape and child molestation.
On appeal from denial of his motion for new trial, Dumas argued trial counsel provided ineffective assistance on multiple grounds (notably failure to object to prosecutor’s comments about his post-arrest silence).
The Court analyzed the ineffective-assistance claim under Strickland v. Washington and found prejudicial deficient performance based on unobjected-to prosecutorial comments about Dumas’ silence at and after arrest; ordered a new trial and did not reach the remaining ineffective-assistance claims.

Issue	Dumas' Argument	State's Argument	Held
Prosecutor’s questioning/closing commenting on Dumas’ post-arrest silence	Counsel ineffective for not obtaining curative instruction or mistrial after impermissible questions/argument about silence	Prosecutor’s comments were invited or within scope because defense opened door; trial court had addressed the matter	Counsel’s failure to object during closing was deficient and prejudicial; violation of right to remain silent; new trial granted
Prosecutor’s closing appeal to rectify systemic problem in child sexual-assault cases	Counsel ineffective for failing to object to improper thematic argument	Argument was within permissible scope or not outcome-determinative	Not reached on merits (court did not address remaining claims because relief granted on first issue)
Failure to present or preserve evidence of victim’s prior sexual/physical abuse (and not opposing State’s limine)	Counsel ineffective for excluding evidence that could impeach victim and support defense	State sought exclusion; relevance/prejudice rulings within trial court discretion	Not reached on merits
Juror bias from juror who had a daughter nearly raped (failure to challenge juror)	Counsel ineffective for not striking biased juror	Juror’s statements were not disqualifying or were cured by voir dire	Not reached on merits

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
Grant v. State, 295 Ga. 126 (deference to trial court factual findings; Strickland framework in Georgia)
Cheeks v. State, 325 Ga. App. 367 (prosecutor comments on defendant silence impermissible)
Mikell v. State, 286 Ga. 434 (scope of invited response in closing argument)
Doyle v. State, 291 Ga. 729 (when defense opens door, prosecution may address silence)