Leggett v. State, 331 Ga. App. 343

Background

Around 5:00 a.m. on Sept. 12, 2010, Jasper Leggett entered a home, sat on an 11-year-old victim’s bed, and touched her vagina and buttocks; the victim awakened and later identified Leggett.
The mother found Leggett in the living room, he identified himself as "G from across the street," and later fled when confronted; he was arrested wearing clothing matching the mother’s description.
Leggett’s mother testified he was at her house at the time; two sisters and a child witness also testified for the State; a forensic interviewer testified about the victim’s statements.
Leggett was convicted by a jury of child molestation and burglary and moved for a new trial; the trial court denied the motion and Leggett appealed.
On appeal Leggett raised: insufficiency of evidence, failure of trial court to weigh the general grounds, hearsay and bolstering errors in admitting child-outcry and forensic-interviewer testimony, and ineffective assistance of counsel for failing to object and for not calling two alleged exculpatory witnesses.
The Court of Appeals affirmed, finding sufficient evidence, no record-based showing the trial court failed to exercise discretion, admissible child-hearsay or waiver of hearsay objections, no improper bolstering, and no deficient or prejudicial assistance of counsel.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Leggett argued evidence insufficient to prove molestation and burglary beyond a reasonable doubt.	Prosecution pointed to victim ID, mother’s observation, matching clothing, flight, and corroborating witness locating Leggett.	Affirmed: viewing evidence in light most favorable to verdict, a rational juror could find guilt beyond a reasonable doubt.
Trial court’s duty to weigh general grounds on new trial	Leggett claimed the court failed to exercise discretion and weigh the evidence on general grounds.	Trial court observed it would review the transcript, later issued order stating it had heard evidence and argument.	Affirmed: record does not show failure to exercise discretion; presumption trial judge applied correct standard.
Admission of child outcry and other statements (hearsay)	Leggett argued I.S. and the forensic interviewer testified to inadmissible hearsay.	State invoked former Child Hearsay Statute (admissible outcry by child <14) and noted some objections were not timely made.	Affirmed: I.S.’s recounting admissible under child-hearsay; hearsay objections to forensic-interviewer testimony were waived.
Alleged bolstering by forensic interviewer	Leggett contended interviewer vouched for victim’s credibility.	State argued the interviewer only recounted the victim’s statements and did not opine on credibility.	Affirmed: no testimony that the interviewer believed or vouched for the victim; challenged testimony was substantive outcry evidence, not bolstering.
Ineffective assistance of counsel (objections & witnesses)	Leggett said counsel failed to object to hearsay/bolstering and failed to call two exculpatory witnesses.	Counsel testified strategic reasons: avoid alienating jury by objecting to child; was not provided names of witnesses; proffered witnesses’ testimony would not have been exculpatory or would be harmful.	Affirmed: no deficient performance or prejudice—meritless or strategic non-objections not ineffective; proposed witnesses were nonexculpatory or harmful and counsel lacked notice.

Key Cases Cited

Hayes v. State, 292 Ga. 506 (standard for reviewing sufficiency of the evidence)
Couch v. State, 326 Ga. App. 207 (applying sufficiency review in similar context)
Walker v. State, 292 Ga. 262 (trial court duty to exercise discretion on general grounds)
Conley v. State, 329 Ga. App. 96 (presumption judge knew and applied correct standard when order does not show otherwise)
Wofford v. State, 329 Ga. App. 195 (former Child Hearsay Statute admissibility of child outcry)
Lagana v. State, 219 Ga. App. 220 (prohibition on witness opinion bolstering another witness’s credibility)
Obeginski v. State, 313 Ga. App. 567 (forensic interview testimony admissible as substantive child-hearsay)
Hill v. State, 291 Ga. 160 (Strickland standard for ineffective-assistance claims)