King v. State
320 Ga. App. 90
Ga. Ct. App.2013Background
- King was convicted of aggravated sodomy after a jury trial in Dooly County, Georgia.
- The alleged offense occurred in King’s truck during a ride to Cordele, involving a four-year-old victim, T. E.
- Medical/forensic examinations at Crescent House and by Crescent Center staff revealed anal trauma consistent with abuse and penetration.
- T. E. testified that King inserted his penis into T. E.’s anus in the truck; family and medical witnesses corroborated injuries.
- Defense raised four appellate challenges: venue, sufficiency of the evidence, voir dire jury-panel handling, and ineffective assistance of counsel.
- The appellate court affirmed King’s conviction and rejected each challenge on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proper in the charged county? | King | King | Venue proven beyond a reasonable doubt |
| Sufficiency of the evidence to prove aggravated sodomy? | King | King | Evidence sufficient; victim testimony alone adequate |
| Duty to strike the entire jury panel after prejudicial voir dire? | King | King | No abuse of discretion; partial curative measures adequate |
| Ineffective assistance of counsel at trial? | King | King | No deficient performance; strategic decisions supported |
Key Cases Cited
- Short v. State, 234 Ga. App. 633 (Ga. App. 1998) (venue may be established by available proof; appellate review favors the verdict)
- Callaway v. State, 208 Ga. App. 508 (Ga. App. 1993) (curative instructions and voir dire; jury-panel disqualification standard)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence)
- Dickens v. State, 280 Ga. 320 (Ga. 2006) (trial strategy and witness decision not to be second-guessed on appeal)
- Payne v. State, 289 Ga. 691 (Ga. 2011) (trial-strategy decisions and ineffective assistance framework)