Mills v. State
319 Ga. App. 131
Ga. Ct. App.2012Background
- Mills was convicted on multiple counts including aggravated child molestation, child molestation, and enticing a child for indecent purposes.
- He appeals the admission of similar transaction evidence and claims his motion-for-new-trial counsel was ineffective for failing to present evidentiary support at the motion hearing.
- The trial court admitted the similar transaction evidence for the limited purpose of showing lustful disposition and with limiting instructions.
- Similar-transaction incidents spanned Oregon (1992), Tennessee (2001), and Tennessee (2003), each involving Mills exposing himself or engaging in touching with young people.
- Witness testimony linked these prior acts to the crimes charged, supporting a logical connection for admissibility.
- The motion for new trial included extensive claims of ineffective assistance of trial counsel; motion counsel later abandoned those claims at the hearing, and the trial court found some arguments abandoned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar transaction evidence | Mills contends the court abused its discretion admitting prior acts. | The State argues admissibility is proper to show lustful disposition and corroborate victims. | Admissible; court did not abuse discretion; limiting instructions preserved fairness. |
| Procedural bar on claims of motion-counsel ineffectiveness | Mills asserts trial-counsel ineffectiveness claims may be reviewed on appeal due to motion-counsel failure to present record. | State argues such claims are procedurally barred if not raised at the motion-for-new-trial stage. | Procedurally barred; remand denied; claims must be pursued in habeas proceedings. |
Key Cases Cited
- Avila v. State, 289 Ga. 409 (2011) (admissibility standard for similar transaction evidence in sexual offenses)
- Bibb v. State, 315 Ga. App. 49 (2012) (similar acts admissible if connected to charged crime and show lustful disposition)
- Butler v. State, 311 Ga. App. 873 (2011) (liberal exception to general character of prior acts in sexual offense cases)
- Whitman v. State, 316 Ga. App. 655 (2012) (prior acts not require criminal charges to be admissible)
- Kelley v. State, 308 Ga. App. 418 (2011) (prior transactions corroborate victims and rebuts defense)
- Jackson v. State, 309 Ga. App. 450 (2011) (similar-acts evidence with connection to charged crimes)
- Smith v. State, 282 Ga. App. 339 (2006) (ineffective-assistance claims raised on motion-for-new-trial context)
- Wilson v. State, 286 Ga. 141 (2009) (motion-counsel ineffectiveness claims generally reviewed; some may not be barred)