Riddick v. State, 320 Ga. App. 500

Riddick was tried on child molestation after two prior mistrials and a third trial.
The indictment alleged touching the victim’s vagina and placing his finger in her vagina.
The victim testified about 2005 police statements and a 2005 written statement describing molestation.
Evidence included prior similar crimes against his stepdaughters; the written statement was admitted.
Riddick challenges sufficiency, mistrial ruling, jury instruction on prior statements, and trial counsel effectiveness.
The court affirms the conviction on all issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence	Riddick contends no testimonial act proved.	State need show at least one act; conjunctive phrasing allowed.	Sufficient evidence supported guilt.
Procedural double jeopardy after mistrial	First mistrial barred retrial; improper termination.	No procedural double jeopardy claim shown due to waiver.	Court found waiver; no reversal on double jeopardy.
Prior inconsistent statements as substantive evidence	Statement used only for impeachment; court erred.	Statement admissible as substantive evidence when a witness is reluctant.	Admissible as substantive evidence; no error.
Ineffective assistance of counsel	Counsel failed to raise double jeopardy and failed to object to instruction.	Objections would have been futile; no deficient performance.	No ineffective assistance; arguments futile or meritless.

Jackson v. State, 252 Ga. App. 268 (2001) (evidentiary review and standard of sufficiency)
Morgan v. State, 277 Ga. App. 670 (2006) (prior acts and admissibility context)
Polite v. State, 273 Ga. App. 235 (2005) (jury instructions supported by slight evidence)
Davis v. State, 244 Ga. App. 345 (2000) (impeachment and substantive use of prior statements)
Alexander v. State, 279 Ga. 683 (2005) (two of the acts alleged sufficiency; conjunctive language)