337 Ga. App. 782
Ga. Ct. App.2016Background
- Victim (17) lived with her mother and siblings; Lamarkas Sneed was temporarily staying there and was the father of one younger brother.
- On Jan. 24, 2011, after a movie the victim awoke to Sneed touching her and inserting his finger into her vagina; she tried to wake her mother, left, summoned family, and reported the assault.
- Family members (brother, grandmother, mother) and Officer Barnes testified about the victim’s outcry; Detective Finley took written and verbal statements; victim also reported earlier inappropriate touching when she was a child.
- Sneed later sent the mother a letter admitting digital penetration but claiming the victim initiated and consented; he was convicted of aggravated sexual battery on Sept. 29, 2011.
- Procedural history: trial court denied motion for new trial (Apr. 8, 2015); Sneed’s initial late appeal was dismissed, but he obtained leave for an out-of-time appeal and appealed denial of new trial.
- On appeal Sneed argued (1) erroneous admission of certain prior statements and credibility evidence, (2) ineffective assistance for failure to object, and (3) improper refusal to give his requested jury charge on consent.
Issues
| Issue | Plaintiff's Argument (Sneed) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admission of witnesses’ testimony repeating victim’s statements and prior-childhood incidents | Testimony and written statements improperly bolstered victim; no foundation for prior consistent/inconsistent statements | Objections at trial were not made on these specific grounds for most testimony; much was admissible as res gestae or relevant to motive/bent of mind | Affirmed — appellant failed to preserve these objections by contemporaneous objection; evidence admissible or cumulative |
| Admission of written statements of brother and grandmother read to jury | Written statements were improper prior consistent statements that bolstered credibility | Trial objection was hearsay-only; failure to object on the precise ground waived appellate review | Affirmed — waiver for failure to object on the specific ground at trial |
| Testimony commenting on victim’s credibility (Detective Finley and mother) | Such testimony improperly vouched for victim and bolstered credibility | No contemporaneous objection; even if admissible issue, appellant waived complaint | Affirmed — waived; no basis for reversal |
| Ineffective assistance of counsel for failure to object to the foregoing evidence | Counsel’s omissions were objectively unreasonable and prejudicial | Counsel reasonably declined some objections as res gestae or as trial strategy; much evidence was cumulative and Sneed admitted the core act in his letter | Affirmed — Strickland not satisfied: no deficient performance shown and/or no prejudice established |
| Refusal to give defendant’s requested consent jury charges | Requested charges were necessary to cover consent defense | Trial court’s instructions, read as a whole, substantially covered consent and reasonable-doubt standards | Affirmed — no abuse of discretion; jury instructions adequate |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for viewing sufficiency of evidence)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- Scoggins v. State, 306 Ga. App. 760 (preservation requirement for objections on appeal)
- Hatcher v. State, 286 Ga. 491 (waiver of foundation objections when not raised at trial)
- Kinder v. State, 284 Ga. 148 (failure to object waives credibility-evidence complaints)
- Williams v. State, 292 Ga. 844 (no prejudice where hearsay evidence was cumulative)
- Tucker v. State, 243 Ga. 683 (res gestae admissibility of immediate outcry statements)