Robinson v. State
308 Ga. App. 45
| Ga. Ct. App. | 2011Background
- Robinson was convicted of one count of child molestation following trial and a 20-year sentence with 13 to serve.
- The victim, aged 11, was kissed by Robinson; in Robinson's house, he attempted to have her in a bedroom where his hand touched her buttocks.
- The victim pulled away as the hand moved toward her front; the incident was reported to the victim's mother and police were contacted.
- Robinson challenged conviction as ineffective assistance of trial and first appellate counsel; new counsel conducted remand proceedings with additional witnesses.
- The remand focused on whether trial counsel was ineffective for failing to forward evidence to appellate counsel; the trial court denied the motion for new trial.
- The appellate court affirmed, holding that the evidence was sufficient and that trial and appellate counsel did not render ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to sustain the conviction? | Robinson | Robinson | Yes; evidence supported elements of child molestation. |
| Did trial counsel's performances prejudice Robinson in four alleged areas and does first appellate counsel's conduct matter on appeal? | Robinson | Robinson | No; no ineffective assistance shown; strategic decisions or lack of hearing were reasonable. |
| Did the trial court abuse its discretion on remand regarding newly discovered evidence and credibility issues? | Robinson | Robinson | No; trial court properly found the new evidence either cumulative or not likely to change outcome. |
Key Cases Cited
- Reese v. State, 270 Ga.App. 522 (Ga. App. 2004) (standard of reviewing evidence on appeal; rational jury could convict)
- Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency of evidence standard; rational juror could find guilt beyond reasonable doubt)
- Xulu v. State, 256 Ga.App. 272 (Ga. App. 2002) (OCGA § 24-3-16 indicia of reliability not required to preface admissibility)
- Williams v. State, 290 Ga.App. 841 (Ga. App. 2008) (confrontation rights are trial-strategy decisions)
- Muller v. State, 284 Ga. 70 (Ga. 2008) (trial strategy in witness decisions)
- Merka v. State, 201 Ga.App. 471 (Ga. App. 1991) (newly discovered evidence standards and discretion of trial court)
- Timberlake v. State, 246 Ga. 488 (Ga. 1980) (newly discovered evidence must be material and not merely impeachment)
- Cobb v. State, 283 Ga. 388 (Ga. 2008) (Strickland standard; substantial prejudice required)
- Suggs v. State, 272 Ga. 85 (Ga. 2000) (ineffective assistance standard; two-prong test)