Strickland v. State
311 Ga. App. 400
| Ga. Ct. App. | 2011Background
- Strickland was charged by indictment with aggravated sodomy (Count 1), child molestation of C.S. (Count 2), and three counts of child molestation of K.J. (Counts 3–5).
- At trial, Strickland was convicted on Count 1, acquitted on Counts 3–5, and Count 2 resulted in a mistrial after a jury deadlock.
- B.S., age 11 at trial, testified that Strickland forced her to perform sexual acts; she feared punishment if she told.
- C.S., age 16 at trial, testified Strickland kissed her neck, touched her breast, and gave money not to tell.
- K.J., age 18 at trial, testified Strickland fondled her and moved her hand to his penis when she was 11; she reported it years later.
- Evidence included 911 call, police interview, forensic interview, and testimony from a psychologist; a family member testified to a similar prior touching.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Strickland argues insufficiency only for conviction on Count 1. | State contends evidence supports guilt beyond reasonable doubt. | Evidence sufficient to sustain aggravated sodomy conviction. |
| Effective assistance—Aviles testimony | Counsel failed to object to Aviles's 'a molestation incident occurred' remark as bolstering. | No deficient performance; testimony framed as reason for ending interview, not bolstering. | No ineffective assistance; nonprejudicial and context-bound. |
| Effective assistance—closing argument | Counsel failed to object to prosecutor's 'ring of truth' remark. | Remark permissible; prosecutor urged jury to draw conclusions from evidence. | No ineffective assistance; comments within proper scope. |
Key Cases Cited
- Al-Amin v. State, 278 Ga. 74 (2004) (standard for review of ineffective assistance claims)
- Jackson v. State, 282 Ga. 494 (2007) (probative standard for sufficiency of evidence)
- Carrie v. State, 298 Ga. App. 55 (2009) (prosecutor's commentary on credibility; permissible context)
- Mason v. State, 274 Ga. 79 (2001) (prosecutor's comment that witness is telling the truth)
- Adams v. State, 283 Ga. 298 (2008) (prosecutor's argument—proper limits on personal belief)
- Branesky v. State, 262 Ga. App. 33 (2003) (prosecutor's comments regarding witness credibility)
- Gosnell v. State, 247 Ga. App. 508 (2001) (precedent cited on credibility and closing remarks)