Gregoire v. State
309 Ga. App. 309
| Ga. Ct. App. | 2011Background
- Gregoire, uncle of two young boys aged two and three, faced multiple charges including aggravated sexual battery and several counts of child molestation.
- The jury acquitted him of the most serious charges and convicted him only on three counts of child molestation related to the two boys.
- The State elicited testimony implying belief in the children's outcry from various witnesses, including the mother and other officials.
- Gregoire’s trial strategy argued that very young children may misinterpret or unintentionally lie, rather than knowingly fabricate, due to their age.
- Gregoire challenged whether trial counsel was ineffective for not objecting to bolstering testimony suggesting the witnesses believed the children, and for not challenging the credibility of the victims.
- The trial court found no unreasonable trial strategy in not objecting, and the appellate court affirmed the convictions, applying Strickland with deference to trial strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of erroneous bolstering claim | Gregoire argues trial counsel’s failure to object was ineffective. | State contends waiver due to failure to object at trial. | Waiver established; issue preserved only if not objected. |
| Ineffective assistance failure to object to bolstering | Counsel’s failure to object was deficient and prejudicial. | Strategy supported not objecting; no prejudice shown. | No reversible error; strategy not deficient or prejudice negligible. |
Key Cases Cited
- Brown v. State, 293 Ga. App. 633 (Ga. App. 2008) (reverses or reviews credibility with appellate lens)
- Machado v. State, 300 Ga. App. 459 (Ga. App. 2009) (waiver where trial counsel did not object)
- Suggs v. State, 272 Ga. 85 (Ga. 2000) (mixed question standard for ineffectiveness review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test: deficient performance and prejudice)
- Mann v. State, 252 Ga. App. 70 (Ga. App. 2001) (reverses where bolstering testimony crucial to case)
- Carrie v. State, 298 Ga. App. 55 (Ga. App. 2009) (credibility assessment context with outcry evidence)
- Al-Attawy v. State, 289 Ga. App. 570 (Ga. App. 2008) (bolstering with credibility not cured by other evidence)
- Pointer v. State, 299 Ga. App. 249 (Ga. App. 2009) (focus on appellate standard of review for effectiveness)
- Schofield v. Holsey, 281 Ga. 809 (Ga. 2007) (partially overruled regarding bolstering impact)