State v. Moore
318 Ga. App. 118
Ga. Ct. App.2012Background
- Moore was convicted of raping J. S.; the trial court granted a new trial for ineffective assistance of counsel.
- The state allegedly commented on Moore’s pre-arrest silence; defense counsel failed to object.
- Moore later turned himself in; the state argued comments referred to flight, not pre-arrest silence.
- Evidence was inconsistent: no eyewitness or physical proof of rape; disputed testimony about consent.
- Trial court held counsel deficient and prejudicial; the state’s arguments of overwhelming guilt were insufficient.
- Appeal challenges the ruling under Strickland’s deficient performance and prejudice standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-arrest silence comment deficient? | Moore | State | Yes; counsel’s failure to object was deficient. |
| Pre-arrest silence comment prejudiced outcome? | Moore’s credibility harmed by silence evidence | Evidence still overwhelming | Yes; prejudice established. |
| Whether comments about flight vs. silence were improper | Moore | State | Commentary improper; treated as silence under Mallory. |
| Was the evidence of guilt overwhelming? | Not overwhelming; credibility issue central | Evidence overwhelming | Not overwhelming; reversal warranted. |
| Appropriate standard of review and factors for prejudice | Strickland standard applied | Same; no change | Standard applied; factors support prejudice. |
Key Cases Cited
- Mallory v. State, 261 Ga. 625 (Ga. 1991) (prohibits comment on pre-arrest silence; highly prejudicial)
- Reynolds v. State, 285 Ga. 70 (Ga. 2009) (overruled prior mallory distinctions; pre-arrest silence prejudice shown)
- Scott v. State, 305 Ga. App. 710 (Ga. App. 2010) (deficient performance shown when counsel mistaken about propriety of objections)
- Thomas v. State, 284 Ga. 647 (Ga. 2008) (proper standard for evaluating counsel performance)
- Lampley v. State, 284 Ga. 37 (Ga. 2008) (counsel’s mistaken belief about objectionability)
- Pearson v. State, 277 Ga. 813 (Ga. 2004) (closing argument commenting on silence; limits discussed)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes performance and prejudice standards)
- Head v. Carr, 273 Ga. 613 (Ga. 2001) (applies independent review of facts under Strickland)