Traylor v. the State
332 Ga. App. 441
Ga. Ct. App.2015Background
- Victim M.B. and two male victims were robbed at gunpoint in a Fulton County apartment on Sept. 10, 2008; one assailant sexually assaulted M.B. (oral sex and intercourse) while others restrained the males. A condom was used; no biological evidence linked to the attacker was recovered.
- Victim M.B. later saw Dathan Traylor ten days after the attack, identified him on a porch, and police arrested him after M.B. confirmed the ID at Traylor’s door. M.B. also testified she had seen Traylor at a neighborhood corner store within days before the crime.
- Co-defendant/manassa (14) initially denied Traylor’s involvement on the stand, then, after consulting counsel and accepting a plea deal, testified that Traylor participated and escorted M.B. behind a sheet during the assault.
- Defense offered an agreed custodial record showing Traylor was jailed Aug. 29–Sept. 9, 2008 and presented alibi witnesses who placed him at his mother’s house the night of Sept. 9 and morning of Sept. 10 but not specifically at 6:00 a.m.; defense also introduced expert testimony on eyewitness reliability under stress.
- Jury convicted Traylor of rape, aggravated sodomy, and two counts of armed robbery. Traylor appealed claiming insufficiency of the evidence, error in denying mistrial/curative instruction regarding possible pretrial identification, and ineffective assistance of counsel. Court affirmed.
Issues
| Issue | Traylor's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of identification evidence | IDs were unreliable: M.B.’s corner-store ID conflicts with custody timeline; J.G. equivocal; Manassa recanted then changed under pressure | Credibility and inconsistencies were for the jury; competent evidence supported each element | Affirmed — evidence sufficient under Jackson v. Virginia standard |
| Motion for mistrial based on testimony suggesting a pretrial ID by J.G. | Testimony created ambiguity/possible undisclosed pretrial ID or tainted in-court ID; mistrial required | Any prejudice could be cured; prosecutor and police denied any pretrial ID occurred | Denial of mistrial affirmed; curative instruction striking J.G.’s in-court ID was adequate |
| Adequacy of curative instruction (failure to stipulate no pretrial ID) | Court should have clarified there was no pretrial ID to remove ambiguity | Trial court offered stipulation; defense declined strategically; jury presumed to follow instructions | No error — defendant cannot complain after refusing proposed stipulation |
| Ineffective assistance of counsel: juror questions during deliberations | Counsel failed to ask judge to direct jury to stipulated exhibits (custody records) when jurors questioned dates | Counsel had argued exhibits were critical and would go to jury; trial court would have refused to reread evidence; trial tactics presumed strategic | No ineffective assistance — no prejudice or counsel’s actions presumed strategic/futile to pursue |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence) (establishes constitutional standard for reviewing sufficiency)
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (review sufficiency viewing evidence in light most favorable to verdict)
- Whitaker v. State, 283 Ga. 521 (Ga. 2008) (mistrial is within trial court’s discretion; reversal only for manifest abuse)
- Stanley v. State, 250 Ga. 3 (Ga. 1982) (trial judge may choose mistrial or give curative instruction when prejudicial matter is introduced)
- Lowe v. State, 287 Ga. 314 (Ga. 2010) (presumption that jurors follow curative instruction)
- Kitchens v. State, 289 Ga. 242 (Ga. 2011) (defendant may not complain when counsel refuses offered curative instruction for strategic reasons)