MacHiavello v. State
308 Ga. App. 772
| Ga. Ct. App. | 2011Background
- Machiavello convicted of aggravated child molestation and two counts of child molestation, sexual battery, and cruelty to a child; appellate review follows.
- Machiavello argues trial counsel were ineffective for failing to seek severance, for not calling certain witnesses, and for cross-examination tactics.
- Trial court denied the motion to sever; counts involve two victims at different times and places; evidence could be admissible as a similar transaction.
- Court analyzed joinder and severance under Georgia law, noting potential prejudice vs. coherence and the possibility of one incident aiding the other.
- Record shows trial strategy focused on lack of physical injury to victims and cross-examination rather than presenting expert medical testimony; appeal challenges this strategy.
- Judgment affirmed on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance denial review | Machiavello | Machiavello | No abuse of discretion; severance not required. |
| Effectiveness re severance strategy | Machiavello | Machiavello | Counsel not ineffective; denial would have occurred anyway. |
| Effectiveness re medical evidence strategy | Machiavello | State | No ineffective assistance; strategic decision not to pursue experts was reasonable. |
| Cross-examination and witness testimony | Machiavello | State | No merit; challenges to cross-examination rejected. |
Key Cases Cited
- Dingler v. State, 233 Ga. 462, 211 S.E.2d 752 (1975) (severance mandatory if joined solely for same/similar character)
- Stewart v. State, 277 Ga. 138, 587 S.E.2d 602 (2003) (trial court discretion on severance when evidence may be admissible as similar transaction)
- Chaparro v. State, 279 Ga. App. 145, 630 S.E.2d 645 (2006) (affirmed denial where number/complexity of offenses does not impair fair determination)
- Rollinson v. State, 276 Ga. App. 375, 623 S.E.2d 211 (2005) (affirmed denial of severance in similar context)
- Johnson v. State, 159 Ga. App. 333, 283 S.E.2d 375 (1981) (failure to make a useless/incorrect objection not ineffective assistance)
- Wadley v. State, 258 Ga. 465, 369 S.E.2d 734 (1988) (two-part test for ineffective assistance; prejudice prong required)
- Nelson v. State, 255 Ga. App. 315, 322-23, 565 S.E.2d 551 (2002) (insufficient showing on one prong defeats ineffective assistance claim)
- Collier v. State, 266 Ga. App. 345, 351, 596 S.E.2d 795 (2004) (appellate review of trial counsel performance highly deferential)
- McCombs v. State, 306 Ga. App. 64, 701 S.E.2d 496 (2010) (procedural compliance matters in briefing and appeal)