Gooden v. State
316 Ga. App. 12
Ga. Ct. App.2012Background
- Jimmy Gooden was convicted of forcible rape, incest, terroristic threat, and simple battery against his 17-year-old daughter J. G.
- On appeal, Gooden challenged the denial of a mistrial due to alleged bolstering of J. G.'s credibility and denial of a new trial alleging ineffective assistance of counsel.
- The incident occurred on the night of August 10, 2002, after J. G. and a classmate were briefly left alone with Gooden.
- J. G. testified that Gooden forced her to undress and have sex, threatened harm if the classmate stayed, and locked the classmate in another room.
- Medical evidence showed a fresh vaginal tear and motile sperm; corroborating witnesses included J. G.’s classmate, similar-transaction evidence, and prior difficulties.
- Gooden testified that he returned home, discovered the classmate, left the premises, later cooperated with police, and began writing a statement but stopped when advised to consult an attorney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial for bolstering credibility | Gooden asserts the pediatrician’s credibility opinion improperly bolstered J. G.'s credibility. | State contends the trial court properly denied mistrial due to curative instructions and minimal prejudice. | No abuse of discretion; curative instruction negated likelihood of prejudice. |
| Ineffective assistance for failure to object to post-arrest silence | Gooden argues prosecutorial questioning implied post-arrest silence, prejudicing trial. | State argues conduct did not constitute impermissible Mallory-type comment given context and defendant’s cooperation. | No reversible error; prejudice not proven; trial counsel's performance not deficient under Strickland. |
Key Cases Cited
- Mallory v. State, 261 Ga. 625 (1991) (comment on silence is highly prejudicial and generally inadmissible)
- Reynolds v. State, 290 Ga. 401 (2012) (Mallory rule limited by statutory framework; silence may have different implications)
- Rogers v. State, see earlier in opinion (2012) (refusal to answer a question during Mirandized statement not always invocation of silence)
- Gilyard v. State, 288 Ga. 800 (2011) (context matters for remaining silent and evidence admissibility)
- Collins v. State, 289 Ga. 666 (2011) (prosecutor’s questions about failure to talk to police may be improper under Mallory)
- Brewer v. Hall, 278 Ga. 511 (2004) (curative instruction proper; trial court not required to grant mistrial for isolated improper testimony)