Rawls v. State, 315 Ga. App. 891

Rawls was convicted by a jury of aggravated assault with intent to rape, aggravated sexual battery, and two counts of child molestation.
D.R., the ten-year-old daughter, alleged that Rawls sexually abused her; the outcry occurred at school after staff noticed his odor of alcohol.
Rawls had been drinking on the day of the outcry; the State introduced testimony about his intoxication as part of the surrounding circumstances.
Rawls moved in limine to exclude alcohol-odor evidence; the trial court admitted it as res gestae and for its factual basis.
The defense challenged the venue-related questioning by the court and Rawls argued ineffective assistance of counsel; the court denied these and Rawls appealed.
The appellate court affirmed the conviction and denied post-trial relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether alcohol odor evidence was admissible as res gestae	Rawls	Rawls	Admissible as res gestae; no abuse of discretion
Whether trial court questions violated venue requirement OCGA 17-8-57	Rawls	Rawls	No reversible error; questions akin to Gardner, not a violation
Whether denial of directed verdict on aggravated assault with intent to rape was correct	Rawls	Rawls	Correct; evidence supports elements of aggravated assault with intent to rape
Whether trial counsel provided ineffective assistance	Rawls	Rawls	No ineffective assistance; strategic decisions reasonable under Strickland

Gardner v. State, 286 Ga. 633 (2010) (venue questions must not convey trial court's opinion on proof of venue)
Anderson v. State, 287 Ga. 159 (2010) (court may imply improper opinion when questioning venue; violates OCGA § 17-8-57)
Wright v. State, 314 Ga. App. 353 (2012) (evidence of assault and surrounding circumstances support conviction for attempted rape/aggravated assault with intent to rape)
Strickland v. Washington, 466 U.S. 668 (1984) (establishes standard for ineffective assistance claims)