Rudolph v. State
313 Ga. App. 411
| Ga. Ct. App. | 2011Background
- Rudolph convicted at trial of statutory rape, aggravated sexual battery, aggravated child molestation, child molestation, and burglary under Georgia statutes.
- Appeal challenges denial of motion for new trial based on ineffective assistance of trial counsel.
- Claim: counsel should have called Rudolph’s two sons to impeach victim’s testimony about phone communications.
- Claim: counsel failed to properly advise Rudolph about exercising his right to testify and allegedly misrepresented his decision to the court.
- Trial court found no ineffective assistance; appellate court affirms, reviewing de novo and deferring to credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not calling witnesses | Rudolph argues sons would impeach A.H.'s phone-history testimony. | Counsel reasonably declined; inconsistencies harmed credibility; strategy not deficient. | No deficiency; no reasonable probability of different outcome. |
| Right to testify and trial court advisement | Counsel failed to discuss right to testify at trial and misrepresented decisions. | Court and counsel persuaded Rudolph; transcript and practice show discussion occurred; defense strategy proper. | No error; Rudolph failed to prove outcome would differ if he testified. |
Key Cases Cited
- Fogerty v. State, 304 Ga. App. 546 (Ga. App. 2010) (evidence viewed in light most favorable to verdict; no presumption of innocence on appeal)
- Hubbard v. State, 285 Ga. 791 (Ga. 2009) (defense witness strategy not deficient when credibility concerns arise)
- Peñaranda v. State, 203 Ga. App. 740 (Ga. App. 1992) (failure to call witness not ineffective if testimony does not relate to the charged acts)
- Bazemore v. State, 273 Ga. 160 (Ga. 2000) (routine practice evidence admissible to show compliance with standards)
- Grooms v. State, 261 Ga. App. 549 (Ga. App. 2003) (trial counsel not ineffective for advising client against perjured testimony)
- Mobley v. State, 264 Ga. 854 (Ga. 1995) (trial court credibility determinations binding on appellate review)
- Brown v. State, 288 Ga. App. 671 (Ga. App. 2007) (burden on defendant to show probable different outcome from testimony)