State v. Wofford
321 Ga. App. 249
Ga. Ct. App.2013Background
- Wofford was charged with five sexual offenses against his girlfriend’s two daughters, V. H. and O. H., and was convicted on four counts after a jury trial.
- The four convictions included aggravated child molestation and related acts; rape was found not proven beyond a reasonable doubt.
- Wofford moved for a new trial claiming ineffective assistance of counsel for not calling certain impeachment witnesses (two former teachers of V. H.).
- The trial court granted the new trial, finding deficient performance and prejudice under Strickland v. Washington; the State appealed.
- On direct appeal, the reviewing court reversed the new-trial order, holding trial counsel’s performance was not deficient and there was no prejudice.
- The court discussed trial strategy, witness credibility defenses, and the lack of prior notice to counsel about the two potential impeachment witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not calling two impeachment witnesses | Wofford | Wofford | Trial counsel's performance not deficient; no reversible error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong standard for ineffective assistance of counsel)
- Payne v. State, 289 Ga. 691 (Ga. 2011) (trial strategy and cross-examination decisions are tactical)
- Washington v. State, 276 Ga. 655 (Ga. 2003) (manner of attacking witness credibility is trial tactic)
- Pickard v. State, 302 Ga. App. 483 (Ga. App. 2010) (impeachment and witness credibility strategies)
- Martin v. State, 281 Ga. 778 (Ga. 2007) (trial strategy and impeachment considerations)
