Twiggs v. State
315 Ga. App. 191
Ga. Ct. App.2012Background
- Twiggs was convicted on multiple sex-related offenses involving his stepdaughter, with abuse beginning when she was about seven years old and continuing until age 15, occurring two to three times weekly.
- Family moved from Valdosta to Henry County; the victim disclosed to her mother months after Twiggs and the mother separated, prompting police involvement.
- Witnesses, including the victim’s mother and her younger brother, observed suspicious conduct by Twiggs at odd hours; the brother saw Twiggs near the victim's private area in Valdosta.
- Twiggs challenged the search of his computer for evidence; an FBI examiner later conducted forensic analysis at an FBI lab under state direction, with some results not introduced at trial.
- Twiggs argued ineffective-assistance-of-counsel claims: (i) failure to challenge the computer search as illegal under OCGA 17-5-24, and (ii) failure to object to testimony allegedly bolstering the victim’s credibility.
- A printed email, found in Twiggs’s car, was admitted without proper foundation but held to be harmless error in light of other cumulative evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance: suppression under OCGA 17-5-24 and bolstering | Twiggs: counsel failed to suppress as required; encouraged bolstering. | Twiggs: counsel ineffective for both search and witness-credibility issues. | No reversal; no prejudice shown; search under civilian analyst permissible; limited bolstering not reversible. |
| Admissibility of email printout without proper foundation | Twiggs: the email lacks authentication and foundation. | Twiggs: admission was improper; error reversible. | Harmless error; cumulative and non-charging evidence; admissibility error deemed harmless. |
| Speedy-trial waiver | Twiggs: demand not waived; speedy-trial clock violated. | Twiggs and counsel withdrew demand and jointly sought continuance; waiver valid. | No abuse of discretion; waiver valid; no discharge required. |
Key Cases Cited
- Bridges v. State, 286 Ga. 535, 690 S.E.2d 136 (2010) (Deference to counsel's performance; Strickland standard applied)
- Brown v. State, 260 Ga. App. 77, 579 S.E.2d 87 (2003) (Credibility evidence and bolstering; contextual distinctions)
- Harris v. State, 260 Ga. 860, 401 S.E.2d 263 (1991) (Forensic analysis can be conducted by non-police personnel under supervision)
- Bradford v. State, 184 Ga. App. 459, 361 S.E.2d 838 (1987) (Civilian activity under police supervision may execute warrants)
- Biggs v. State, 281 Ga. 627, 642 S.E.2d 74 (2007) (Strong presumption of reasonable trial counsel performance; two-prong test)
- Sykes v. State, 236 Ga. App. 518, 511 S.E.2d 566 (1999) (Waiver of speedy-trial rights when defendant or counsel acts in continuance)