Granger v. State
320 Ga. App. 580
Ga. Ct. App.2013Background
- Granger was convicted of statutory rape and child molestation for sexual contact with his fourteen-year-old niece, T.G., in July 2009 in Georgia.
- Granger, 25, stayed with T.G. and they slept on a couch; the events were disputed but occurred during a single evening.
- T.G. testified that Granger touched her, threatened harm to prevent screaming, performed sexual acts, and instructed her to clean up semen with a towel.
- Granger admitted to some sexual contact but claimed T.G. initiated, with alleged kissing, mutual touching, and consensual acts, denying forced intercourse or oral sex.
- A nurse testified during T.G.’s hospital examination that T.G. appeared shocked and withdrawn, describing her demeanor as not kidding.
- Granger gave a recorded phone conversation from the police interview room containing the phrase ‘for like five minutes nigger … and then I stopped,’ which was admitted at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effectiveness of counsel re bolstering evidence | Granger asserts ineffective assistance for not objecting to nurse bolstering | Granger contends bolstering by nurse aided the State and violated Strickland | No reversible error; evidence insufficient to show deficient performance or prejudice |
| Prosecutor's closing argument about defense counsel | Granger claims prosecutor unfairly attacked counsel and juror credibility | Prosecutor argued defense inconsistencies; fair closing due to evidence and trial context | Not ineffective; argument within permissible scope and weight of evidence supports verdict |
| Admissibility of Granger's police interview sentence | Admission of ‘for like five minutes nigger …’ was prejudicial | Statement probative, not directed at victim; probative value outweighed prejudice | Evidence properly admitted; probative value outweighed prejudice |
Key Cases Cited
- Al-Amin v. State, 278 Ga. 74 (Ga. 2004) (limiting improper bolstering and credibility issues in sexual offense cases)
- Battles v. State, 290 Ga. 226 (Ga. 2011) (ineffective assistance review and weighing of evidentiary impact)
- Mealor v. State, 266 Ga. App. 274 (Ga. App. 2004) (addressed bolstering and sufficiency of other evidence in credibility disputes)
- Johnson v. State, 301 Ga. App. 423 (Ga. App. 2009) (discussion of bolstering and credibility issues in trial)