Obeginski v. State
313 Ga. App. 567
Ga. Ct. App.2012Background
- Obeginski was convicted by a jury of one count aggravated child molestation and two counts child molestation; post-trial motion for new trial denied.
- At the time of the offenses, Obeginski had visitation with his seven-year-old daughter.
- He drank alcohol from the trunk of his vehicle and drove the child to his residence, appearing heavily intoxicated.
- Neighbors and residents observed his intoxication and the child in his bed when the mother arrived; the child reported molestation.
- Police observed the child crying, found the victim’s panties and the vodka containers, and noted Obeginski’s slurred speech; the child’s forensic interview corroborated the allegations.
- The trial court denied the motion for new trial; Obeginski appeals on sufficiency of evidence and ineffective assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | State argues the child’s videotaped statement alone supported conviction, corroborated by others | Obeginski contends evidence fails to prove intent and elements beyond mere intoxication | Evidence sufficient to sustain all convictions |
| Ineffective assistance regarding admission of intoxication testimony | State contends testimony was cumulative and admissible as res gestae | Obeginski argues failure to object deprived him of a key challenge | No prejudice; testimony cumulative; no ineffective assistance |
| Intent to arouse and satisfy sexual desires | Victim’s statements and conduct show intent; inference permitted | Defense contests implied intent beyond corroborated actions | Intent properly inferred from the evidence |
Key Cases Cited
- Vaughn v. State, 301 Ga.App. 391, 687 S.E.2d 651 (2009) (Ga. App. 2009) (victim testimony sufficient to prove crimes)
- Hubert v. State, 297 Ga.App. 71, 676 S.E.2d 436 (2009) (Ga. App. 2009) (rebuttal of reliability and sufficiency considerations)
- Andrew v. State, 216 Ga.App. 427, 454 S.E.2d 542 (1995) (Ga. App. 1995) (intent inferred from conduct toward a child)
- Phillips v. State, 269 Ga.App. 619, 629(8), 604 S.E.2d 520 (2004) (Ga. App. 2004) (intent is inferable from circumstances)
- Westbrooks v. State, 309 Ga.App. 398, 710 S.E.2d 594 (2011) (Ga. App. 2011) (analytical framework for sufficiency review)
- Morris v. State, 284 Ga. 1, 662 S.E.2d 110 (2008) (Ga. 2008) (procedural burden for ineffective assistance prongs)
- Woods v. State, 304 Ga.App. 403, 696 S.E.2d 411 (2010) (Ga. App. 2010) (cumulative evidence doctrine in trial objections)
- Lamb v. State, 293 Ga.App. 65, 666 S.E.2d 462 (2008) (Ga. App. 2008) (standard for admissibility of corroborative testimony)
- Thomas v. State, 296 Ga.App. 170, 674 S.E.2d 56 (2009) (Ga. App. 2009) (comprehensive discussion of inference of intent)
- Bearfield v. State, 305 Ga.App. 37, 42(3), 699 S.E.2d 363 (2010) (Ga. App. 2010) (ineffective assistance—prejudice prong)