319 Ga. App. 684
Ga. Ct. App.2013Background
- Rhodes was convicted after a jury trial of child molestation and incest.
- Rhodes appealed the denial of his motion for new trial on three grounds: suppression of DNA evidence, errors in charging similar transaction evidence, and ineffective assistance of counsel.
- The victim, born in 1985, testified that Rhodes began abusing her around age eight and continued with penetrative abuse and intercourse; she later disclosed Rhodes as the father of her child born when she was 13.
- A DNA buccal swab from Rhodes yielded a 99.99 percent probability that he fathered the victim’s child, leading to Rhodes’s arrest and indictments for the charged offenses.
- Similar transaction evidence showed Rhodes’s sexual activity with the victim’s sister beginning when she was 12 and continuing until she was 18, introduced at trial.
- The trial court permitted the State to present the similar transaction evidence for its limited purposes, and the verdicts remained intact on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| DNA suppression, probable cause for warrant | Rhodes: lacking probable cause; warrant inadequate | State: warrant properly supported; omitted info not fatal | Probable cause present; suppression denied |
| Similar transaction evidence charging, proper limiting instruction | Rhodes: charge too broad; error | Rhodes: instructions were proper and not plain error | No plain error; instructions proper and limited in scope |
| Ineffective assistance of counsel regarding DNA and objections | Counsel ineffective for not objecting more on chain of custody and testing | Counsel's performance was within reasonable professional conduct | No deficient performance; judgment affirmed |
Key Cases Cited
- State v. Palmer, 285 Ga. 75 ((2009)) (probable-cause standard for warrants; deference to magistrate decisions)
- Flewelling v. State, 300 Ga. App. 505 ((2009)) (material omissions in affidavits analyzed for probable cause)
- Simmons v. State, 291 Ga. 705 ((2012)) (plain-error review for jury charges on similar transaction evidence)
- Rivers v. State, 236 Ga. App. 709 ((1999)) (distinguishes improper broader use of similar transaction evidence)
- Jordan v. State, 230 Ga. App. 560 ((1998)) (proper limiting instruction for similar transaction evidence)
- Davenport v. State, 316 Ga. App. 234 ((2012)) (strong deference to trial-court factual findings; performance review standard)
- Williams v. State, 261 Ga. 640 ((1991)) (evidence-link considerations in DNA cases; alternative links non-exclusive)