Stegall v. State
308 Ga. App. 666
| Ga. Ct. App. | 2011Background
- Stegall was convicted of rape, two counts of aggravated child molestation, and aggravated sodomy against a friend's young daughter; one aggravated child molestation count merged with the rape count.
- Amended motion for new trial was denied; Stegall appeals asserting ineffective assistance of trial counsel, improper venue proof, and admission of similar-transaction evidence.
- Appellate counsel was appointed, but no ineffective-assistance claim was raised below or at the motion-for-new-trial hearing; trial counsel was not recalled to testify.
- Venue for Counts 2 and 3 was contested; evidence showed the child’s family lived in Clayton County at various times and Stegall stayed in Clayton County residences during the relevant period.
- The victim and others testified that acts occurred in Clayton County, with some testimony locating the assaults in Fayetteville (also in Clayton) and other accounts placing acts there, supporting venue.
- A Gwinnett County incident involving a similar molestation against the victim and her younger sister was admitted as similar-transaction evidence; the State also introduced audio and video recordings of interviews.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance waiver | Stegall: ineffective-assistance claim preserved on appeal. | Stegall: waiver should not bar review. | Claim waived; may not be raised for first time on appeal. |
| Venue proof for Counts 2 and 3 | State must prove venue beyond a reasonable doubt in Clayton County. | Venue was not proven in Clayton County beyond reasonable doubt. | Venue proven in Clayton County by total evidence; sufficient to support conviction. |
| Admissibility of similar-transaction evidence | Similar act against co-victim is admissible to show propensity and corroborate acts. | Evidence is too dissimilar and hearsay; objections preserved were insufficient. | Court did not abuse discretion; acts are sufficiently similar and admissible; any hearsay is harmless cumulatively. |
Key Cases Cited
- Clay v. State, 232 Ga.App. 541, 502 S.E.2d 267 (1998) (Ga.App. 1998) (ineffective-assistance claims unavailable when not raised below)
- Payne v. State, 290 Ga.App. 589, 660 S.E.2d 405 (2008) (Ga.App. 2008) (venue may be proven by direct or circumstantial evidence)
- Thompson v. State, 277 Ga. 102, 586 S.E.2d 231 (2003) (Ga. 2003) (residence evidence can establish venue in criminal case)
- Ortiz v. State, 295 Ga.App. 546, 672 S.E.2d 507 (2009) (Ga.App. 2009) (conflicts in testimony for jury to resolve)
- Woodard v. State, 269 Ga. 317, 496 S.E.2d 896 (1998) (Ga. 1998) (child hearsay exceptions; applicability when both parties are witnesses)
- Kendrick v. State, 269 Ga. App. 831, 605 S.E.2d 369 (2004) (Ga.App. 2004) (similar-transaction evidence for sexual offenses)
- Wiggins v. State, 280 Ga. 627, 632 S.E.2d 80 (2006) (Ga. 2006) (harmless-error analysis for cumulative evidence)
- State v. Tye, 276 Ga. 559, 580 S.E.2d 528 (2003) (Ga. 2003) (objection timing and preservation for similar-transaction evidence)
- Whitehead v. State, 287 Ga. 242, 695 S.E.2d 255 (2010) (Ga. 2010) (revises preservation rule for similar-transaction evidence)
- Bunn v. State, 307 Ga. App. 381, 705 S.E.2d 180 (2010) (Ga.App. 2010) (application of child-victim hearsay rules)