330 Ga. App. 350
Ga. Ct. App.2014Background
- Goggins was convicted at trial of one count of child molestation for exposing his erect penis to L. G. with intent to arouse sexual desires; he was acquitted on a second count.
- L. G., then 13, disclosed in diary and later to investigators that Goggins kissed her with his tongue and exposed himself.
- The diary was admitted without objection; during deliberations the jury requested portions of the diary, and the court allowed access to a single page but not the entire diary.
- The State disclosed a newly alleged act (oral sex) about five days before trial; defense did not request a continuance and trial proceeded.
- The trial included testimony from L. G., corroborating witnesses, and Goggins’s testimony and multiple character witnesses; the defense raised several ineffective-assistance and evidentiary-issue claims.
- The court affirmed the conviction after applying plain-error review to the diary issue and addressing the remaining enumerations of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sending a diary page to the jury violated the continuing witness rule | Goggins argues plain error from diary page to jury | State contends no reversible error given evidence and context | No reversible error; diary page did not affect outcome under plain-error analysis |
| Whether the denial of a mistrial motion was proper given newly disclosed evidence | Goggins claims prejudice from new allegation outside indictment | State argues res gestae and timely disclosure justified admission | Denial proper; evidence admissible as part of res gestae and timely disclosed |
| Whether trial court properly limited evidence of good character to opinion/reputation and barred specific instances on direct examination | Goggins argues he should present specific instances of good conduct | OCGA 24-4-405(b) allows specific instances where essential to defense, where defendant testifies | No reversible error; testimony supportive and cumulative; record supports limits |
| Whether trial counsel provided ineffective assistance regarding diary handling, expert testimony, continuance, and cross-examination | Goggins asserts multiple deficient-strategy claims | State argues decisions were tactical and reasonable | No ineffective assistance; strategic choices supported by record and precedent |
Key Cases Cited
- Hinton v. State, 233 Ga. App. 213 (Ga. App. 1998) (continuing witness rule; harmless error analysis when diary evidence goes out with jury)
- Kent v. State, 245 Ga. App. 531 (Ga. App. 2000) (harmlessness of continuing-witness-rule violation when evidence is cumulative)
- Roberts v. State, 282 Ga. 548 (Ga. 2007) (harmless error for brief documentary reference to jury)
- State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain-error framework for evidentiary matters post-OCGA 24-1-103(d))
- Wagner v. State, 311 Ga. App. 589 (Ga. App. 2011) (plain-error analysis and requirement of showing effect on outcome)