311 Ga. App. 400
Ga. Ct. App.2011Background
- Clarence Strickland was indicted on aggravated sodomy (Count 1) and child molestation (Counts 2–5) involving his daughter and girlfriend’s daughter.
- After a jury trial, Strickland was convicted on Count 1, acquitted on Counts 3–5, and Count 2 resulted in a mistrial.
- Strickland appeals alleging ineffective assistance of counsel and denial of a new trial motion.
- Evidence showed B. S. (age 11 at trial) alleged acts dating from age seven; C. S. (age 16 at trial) testified about touching; K. J. (age 18) testified to separate incidents; C. M. testified to a similar incident with another relative.
- Police and a forensic interview were conducted; Aviles explained ending the interview and referring to the Georgia Center for Child Advocacy; Levy testified as a forensic interviewing expert.
- Strickland testified denying all allegations; the court concluded the evidence was sufficient to support the guilty verdict under Jackson v. Virginia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did trial counsel err in not objecting to Aviles’ testimony? | Strickland argues Aviles’ remark bolstered B.S.’s credibility. | Strickland contends lack of objection allowed improper bolstering. | No deficient performance; not prejudicial. |
| Did trial counsel fail to object to closing argument about the ring of truth? | Strickland asserts prosecutor’s comment improperly vouched for witnesses. | State contends comment urged conclusions from evidence, not personal belief. | Not deficient performance; permissible closing based on evidence. |
Key Cases Cited
- Al-Amin v. State, 278 Ga. 74 (2004) (recognized standards for ineffective assistance analysis)
- Jackson v. State, 282 Ga. 494 (2007) (established standard for sufficiency under Jackson v. Virginia)
- Carrie v. State, 298 Ga. App. 55 (2009) (prosecutor’s comments and witness credibility considerations)
- Mason v. State, 274 Ga. 79 (2001) (prosecutor’s argument that witness is telling the truth not automatically improper)
- Adams v. State, 283 Ga. 298 (2008) (analysis of prosecutorial statements and witness veracity)