Maurer v. State
320 Ga. App. 585
| Ga. Ct. App. | 2013Background
- Maurer was convicted by a jury of child molestation based on July 2007 conduct with his then 10-year-old stepdaughter V. G. in a garage, while her younger brother was present.
- V. G. testified reluctantly and indicated she forgave Maurer; a forensic interviewer later testified about her statements.
- The state introduced V. G.’s forensic-interview statements and related testimony; Maurer gave a recorded police interview admitting alcohol impairment but memory issues.
- The trial included a Jackson-Denno-type voluntariness inquiry; Maurer’s motion for new trial followed the conviction.
- Maurer raised multiple ineffective-assistance claims, procedural objections to hearsay and confrontation, and alleged improper trial conduct by allowing an out-of-state attorney to assist.
- The court affirmed Maurer’s conviction, holding no reversible error on the asserted issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Maurer—insufficient evidence under Jackson v. Virginia. | State—evidence supports requisite elements. | Sufficient evidence to sustain conviction. |
| Confrontation and admissibility of child hearsay | V. G. did not testify about the incident; hearsay admissible under former OCGA § 24-3-16. | Confrontation rights violated; child must testify per Hatley v. State. | Confrontation not violated; child hearsay admissible under the statute; no reversible error. |
| Waiver and corroboration of child statements | former OCGA 24-3-16 permits hearsay without corroboration; victim not required to corroborate. | Hatley requires confrontation; no objected error. | No error; child hearsay admissible without corroboration. |
| Ineffective assistance claims (overall) | Counsel deficient in various respects across multiple subclaims. | No deficient performance or prejudice shown; strategic choices reasonable. | Maurer failed to prove ineffective assistance. |
| Admission of non-Georgia attorney and related trial conduct | Admission of unaffiliated attorney created ineffective assistance; prejudicial. | Counsel strategically used co-counsel; no prejudice shown. | Not ineffective assistance; no reversible error. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard; rational juror could convict)
- Hatley v. State, 290 Ga. 480 (Ga. 2012) (Confrontation required for child testimony; corroboration not required)
- Bunn v. State, 291 Ga. 183 (Ga. 2012) (child hearsay admissible to spare trauma; confrontation waiver may occur)
- Kapua v. State, 228 Ga. App. 193 (Ga. App. 1997) (child hearsay reliability; corroboration not necessary)
- Estrada v. State, 319 Ga. App. 762 (Ga. App. 2013) (forensic interview evidence; admissibility framework)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance requires deficient performance and prejudice)
- Cornwell v. Dodd, 270 Ga. 411 (Ga. 1999) (no per se ineffectiveness; strategic trial decisions allowed)
- Williams v. State, 304 Ga. App. 592 (Ga. App. 2010) (hearsay and cumulative evidence considerations)
- Scott v. State, 290 Ga. 883 (Ga. 2012) (closing argument latitude; no error in strategy)