Glaze v. State
317 Ga. App. 679
Ga. Ct. App.2012Background
- Glaze was convicted of rape, kidnapping, armed robbery, theft by taking (motor vehicle), and three gun-during-a-crime counts, and appeals challenging sufficiency of evidence and ineffectiveness of trial counsel.
- Victim S. D. testified to a morning sexual assault occurring after a carjacking, with a gun used to control her and force vaginal intercourse.
- DNA from the vaginal swab yielded a male profile; in 1998 that profile was entered into CODIS with no match announced at that time.
- In December 2006, CODIS linked the 1994 DNA profile to Glaze; police arrested him and collected his DNA, which matched the perpetrator's profile from the 1994 incident.
- Surveillance footage from the convenience store showed a person wearing similar clothing; victim described attacker’s race and clothing; investigator noted Glaze had been in the area.
- Glaze contends insufficient evidence and ineffective assistance for not calling an expert to rebut DNA evidence; trial counsel testified an expert examined the DNA results but offered no favorable testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Glaze argues DNA alone cannot prove guilt beyond reasonable doubt. | DNA plus circumstantial and direct evidence insufficient for conviction. | Evidence sufficient; rational jury could convict. |
| Ineffective assistance for not calling expert | Failure to call DNA expert prejudiced Glaze. | Strategic decision; expert would not have aided defense. | No deficient performance or prejudice shown; no reversal. |
Key Cases Cited
- Walker v. State, 282 Ga. 406 (Ga. 2007) (Circumstantial and DNA evidence can sustain rape conviction)
- McKeehan v. State, 274 Ga. App. 14 (Ga. App. 2005) (Identity may be proven by circumstantial and forensic evidence)
- Johnson v. State, 287 Ga. 767 (Ga. 2010) (Court recognizes evidence sufficiency standards in rape prosecutions)
- Davis v. State, 290 Ga. 584 (Ga. 2012) (DNA and related expert considerations in trial strategy)
- Hendricks v. State, 290 Ga. 238 (Ga. 2011) (Trial counsel strategic decisions regarding expert testimony)
- Crawford v. State, 314 Ga. App. 796 (Ga. App. 2012) (Trial counsel's decision not to call a weapons expert can be strategic)