337 Ga. App. 70
Ga. Ct. App.2016Background
- Victim (moved in at age 4) and sister S.C. lived with Peterson; victim testified to repeated sexual abuse from childhood into adolescence, including digital and penile penetration and forced sexual acts.
- Victim disclosed to friends, S.C., Peterson’s wife, and Paulette Fulton (a nurse); Fulton confronted Peterson who admitted the abuse and apologized; Fulton reported to DFCS leading to arrest.
- State introduced similar-transaction evidence from S.C.: digital penetration when she was 11–12 and an incident where Peterson gave money after she exposed her breasts.
- Peterson was convicted of one count of aggravated child molestation and five counts of child molestation; post-trial motions and appeals followed, including remand for an ineffective-assistance hearing; Browning, trial counsel, later became district attorney.
- Issues on appeal: admissibility of similar-transaction evidence, two ineffective-assistance claims (failure to move for mistrial after Fulton’s testimony; Browning’s post-trial failure to recuse his office after election), and sufficiency of the evidence.
Issues
| Issue | Peterson's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of similar-transaction evidence (S.C.) | Evidence was unfairly prejudicial and should not have been admitted | Evidence was admissible to show lustful disposition and to corroborate victim; sufficient similarity shown | Admitted correctly; no abuse of discretion |
| Ineffective assistance — failure to move for mistrial after Fulton’s testimony | Trial counsel erred by not moving for immediate mistrial after improper opinion/testimony | Counsel made a strategic decision to wait and later attack credibility; choices were reasonable | No ineffective assistance; strategy reasonable |
| Ineffective assistance — Browning’s failure to recuse office after election | Browning’s post-trial failure to disqualify himself/office per McLaughlin deprived Peterson of effective counsel | Browning was not acting as Peterson’s counsel at relevant times; later recusal occurred; no shown prejudice | No ineffective assistance; no reversible error |
| Sufficiency of the evidence | Victim’s initial recantation and inconsistencies undermine sufficiency | Jury credited victim; testimony and corroboration suffice under Jackson standard | Evidence sufficient to support convictions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- McLaughlin v. Payne, 295 Ga. 609 (2014) (elected DA’s disqualification requires notification and substitution under OCGA)
- Leaptrot v. State, 272 Ga. App. 587 (2005) (trial court discretion on admitting similar-transaction evidence)