Lopez v. the State
332 Ga. App. 518
Ga. Ct. App.2015Background
- Lopez was convicted by jury of aggravated stalking for violating a restraining order by following the victim and calling 911 to stop her vehicle.
- He challenges admissibility of the victim’s testimony about his prior violence and claims ineffective assistance of trial counsel.
- Lopez did not object to the victim’s testimony at trial, resulting in waiver of those objections.
- The victim testified to a long history of domestic violence and to a 2011 protective order obtained after Lopez beat her.
- In May 2012, Lopez yelled at the victim, followed her in a grocery-store parking lot, and made a 911 call; an officer explained the protective order.
- The trial court admitted evidence of prior difficulties; the court affirmed the conviction on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of victim's prior-acts testimony under 404(b) | Lopez argues lack of notice for prior bad acts | State contends such testimony is admissible as prior difficulties | Waived; evidence admitted as prior difficulties; no reversible error |
| Ineffective assistance of counsel for not objecting to 404(b) evidence | Counsel deficient for failing to raise notice objection | No deficient performance shown | No ineffective assistance; trial court did not err |
| Admissibility of intervening-acts testimony as part of res gestae | Evidence relevant to prior difficulties supports harassment/intent | Not prejudicial; admissible as res gestae | Admissible; proper context of prior difficulties |
Key Cases Cited
- Heard v. State, 296 Ga. 681 (Ga. 2015) (waiver for failure to object to 404(b) evidence; preservation rule)
- Benton v. State, 256 Ga. App. 620 (Ga. App. 2002) (prior-acts evidence in aggravated stalking admissible; purpose to harass)
- Phillips v. State, 278 Ga App. 198 (Ga. App. 2006) (evidence of prior incidents against victim supports intent to harass)
- Tela v. State, 320 Ga. App. 465 (Ga. App. 2013) (relevance of otherwise admissible evidence not defeated by underlying character inference)
- Jones v. State, 329 Ga. App. 439 (Ga. App. 2014) (guides admissibility of res gestae and related testimony)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)