Kelley v. State
308 Ga. App. 418
| Ga. Ct. App. | 2011Background
- Kelley, founder/pastor of a church, cared for several foster children including a 15-year-old female victim.
- Three successive mornings in September 2006, Kelley entered the victim’s bedroom and sexually abused her.
- The victim disclosed the abuse to an adult male friend; 911 was called and foster children were removed.
- The State charged Kelley with two counts of aggravated sexual battery and four counts of child molestation.
- At trial, the State admitted testimony from witnesses to prior disclosures and a forensic interview video; the court allowed similar transaction evidence against four other teens.
- Kelley contends trial counsel was ineffective for not calling a neighbor witness who drove the victim to the bus stop on the mornings of the alleged abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar transaction evidence | Kelley argues no proper purpose or undue prejudice | State cites bent of mind/ Course of conduct/ Lustful disposition doctrine | Admissible for bent of mind and disposition; not unduly prejudicial given limiting instruction |
| Effect of counsel’s failure to call neighbor witness | Neighbor witness would have shown victim’s demeanor that mornings; argues deficiency | Counsel’s strategy considered cumulative testimony and credibility concerns | No ineffective assistance; trial strategy reasonable; testimony would be cumulative and could be biased |
| Sufficiency of evidence | Evidence supported guilt beyond reasonable doubt | Defense argued victim’s statements were inconsistent and fabricated | Sufficient evidence to sustain conviction |
Key Cases Cited
- White v. State, 291 Ga. App. 646 (2008) (three-factor test for similar transaction evidence; probative value vs. prejudice)
- Williams v. State, 261 Ga. 640 (1991) (similar transaction evidence admissibility framework)
- Copeland v. State, 276 Ga.App. 834 (2005) (admissibility of prior acts in child-sex cases for bent of mind)
- Lewis v. State, 275 Ga.App. 41 (2005) (prior acts evidence in sexual offenses; probative value)
- Helton v. State, 268 Ga.App. 430 (2004) (prior transactions corroborate victim and rebut fabrication)
- Moody v. State, 273 Ga.App. 670 (2005) (limiting instruction and balancing probative value; prejudice concern)
- Enurah v. State, 279 Ga.App. 883 (2006) (liberal use of similar transaction evidence in sexual offenses)
- McDougal v. State, 284 Ga. 427 (2008) (trial strategy reasonable; credibility considerations)
- Towry v. State, 304 Ga.App. 139 (2010) (ineffective assistance standard on direct appeal; protect against prejudice)
- Robinson v. State, 277 Ga. 75 (2003) (deference to trial court findings; independent legal application of standard)
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice standard for ineffective assistance)