Williams v. Rudolph
298 Ga. 86
| Ga. | 2015Background
- Rudolph, accused of sexual acts with a 12‑year‑old, was tried for forcible rape and other offenses; the trial court, sua sponte, instructed the jury on statutory rape as a lesser included offense though Rudolph was not indicted for statutory rape.
- Jury acquitted Rudolph of forcible rape but convicted him of statutory rape and multiple other sexual offenses; the Court of Appeals affirmed on direct appeal.
- Rudolph filed a state habeas petition claiming appellate counsel was ineffective for failing to challenge the trial court’s statutory‑rape instruction; the habeas court granted relief only as to the statutory‑rape conviction and vacated it.
- The habeas court’s ruling relied on later appellate precedent (Stuart) holding statutory rape may never be a lesser included offense of forcible rape; Stuart was decided after Rudolph’s direct appeal.
- Georgia Supreme Court reviewed whether appellate counsel’s failure to raise the instruction as error constituted deficient performance and prejudice under Strickland, considering the law as it existed at the time of the direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel performed deficiently by not appealing the trial court’s statutory‑rape lesser‑included instruction | Rudolph: appellate counsel should have challenged the instruction; later precedent shows statutory rape could not be an included offense, so failure was ineffective assistance | Warden/Williams: at the time of appeal precedent permitted statutory rape to be a factual lesser included offense; counsel was not required to anticipate change in law | Held: No deficient performance — counsel’s decision reasonable under prevailing law at time of appeal |
| Whether Rudolph was prejudiced by counsel’s omission (Strickland prejudice) | Rudolph: had counsel objected on the correct legal basis, the statutory‑rape conviction would not have stood | Warden: no reasonable probability of different outcome given prevailing law and other convictions; counsel’s omission was not prejudicial | Held: No Strickland prejudice shown; habeas grant reversed |
| Whether subsequent change in law (Stuart) retroactively makes counsel ineffective | Rudolph: Stuart proves instruction was legally incorrect, so counsel’s failure was ineffective | Warden: attorneys are not required to prognosticate future law; effectiveness judged by law at the time of representation | Held: New decisions do not retroactively render reasonable earlier litigation choices ineffective |
| Whether statutory rape could alternatively be a lesser included offense of aggravated child molestation | Rudolph: conviction for statutory rape was improper because not indicted and not an included offense of rape | Warden: statutory rape was a recognized factual lesser included offense of aggravated child molestation based on intercourse theories | Held: At time of trial/appeal, caselaw supported statutory rape as a factual lesser included offense of aggravated child molestation; supports reversal of habeas relief |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes ineffective assistance standard: deficient performance and prejudice)
- Perera v. State, 295 Ga. 880 (2014) (counsel’s conduct judged by law at the time; no duty to anticipate changes in law)
- Stuart v. State, 318 Ga. App. 839 (2012) (Court of Appeals later held statutory rape may never be a lesser included offense)
- Hill v. State, 295 Ga. App. 360 (2008) (earlier Court of Appeals authority allowing statutory rape as a factual lesser included offense of forcible rape)
- Andrews v. State, 200 Ga. App. 47 (1991) (statutory rape may be a factual lesser included offense of aggravated child molestation premised on intercourse)
- Rudolph v. State, 313 Ga. App. 411 (2011) (direct appeal affirming convictions)
- Head v. Ferrell, 274 Ga. 399 (2001) (standards for reviewing ineffective assistance claims and deference to habeas fact findings)