313 Ga. App. 228
Ga. Ct. App.2011Background
- Mauldin was convicted in Bartow County of five counts of child molestation based on acts in 2001 with the 14-year-old victim.
- The acts occurred while Mauldin was the choir director at the victim’s church and involved kissing, fondling, exposing himself, and intercourse, with the victim later stating the timeline extended into the summer of 2001.
- The victim’s sister testified to a similar incident in which Mauldin asked the sister to “sleep” with him; no acts against the sister occurred.
- After the molestation stopped, the victim confided in relatives and church leaders; DFCS investigated and police later charged Mauldin.
- During trial, the State introduced evidence including a dress and shoes Mauldin bought for the victim and a letter from the victim professing love; Mauldin’s defense was that the victim was a habitual liar with mental issues.
- Mauldin challenged the sufficiency of the evidence, the admissibility of similar transaction evidence, the exclusion of certain evidence, mistrial motions, jury instructions, and trial counsel’s effectiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence. | Mauldin argues the victim’s inconsistent statements and lack of physical evidence negate credibility. | Mauldin contends no reasonable jury could credit the victim’s testimony. | Evidence sufficient; victim’s testimony alone suffices; sister’s corroboration supports counts. |
| Ineffective assistance regarding the Jackson-Denno interview and victim interview statements. | Mauldin claims trial counsel failed to object to polygraph-related and victim interview statements. | Counsel’s actions were reasonable and strategic; polygraph results were not admitted to jurors. | Counselalleged failures did not amount to ineffective assistance; statements were voluntary and not prejudicial. |
| Motion for mistrial based on threats and prior inconsistent statement. | Mauldin asserts mistrial was warranted due to prejudicial testimony and undisclosed prior statements. | Waived by not renewing after curative instruction; at most harmless due to strategy. | Waived; or, in any event, no reversible error shown. |
| Jury instruction on resolving conflicts in the evidence. | Mauldin argues the instruction was flawed or improper. | Instruction mirrors pattern and correctly states law. | Not reversible; instruction deemed a correct statement of law. |
| Admissibility of similar transaction evidence involving the victim’s sister. | State showed intent and plan to commit similar acts; probative value outweighs prejudice. | Evidence was unreliable and prejudicial; should be excluded. | Court did not abuse discretion; similar transaction evidence properly admitted. |
Key Cases Cited
- Knight v. State, 311 Ga. App. 367 (2011) (sufficiency standard; credibility for jury to assess)
- Robinson v. State, 277 Ga. 75 (2003) (ineffective assistance; standards for review)
- Collier v. State, 288 Ga. 756 (2011) (plain error review; jury instructions)
- Pareja v. State, 286 Ga. 117 (2009) (three-prong test for similar transaction evidence)
- Flowers v. State, 269 Ga. App. 443 (2004) (admission of similar transaction evidence; abuse of discretion)
- Brown v. State, 264 Ga. 48 (1994) (standard for jury instruction propriety)
- Byrd v. State, 186 Ga. App. 446 (1988) (evaluation of jury instructions)