Wofford v. State
329 Ga. App. 195
Ga. Ct. App.2014Background
- Defendant Chad Randall Wofford lived with his girlfriend and her two daughters, V.H. (then 9) and O.H. (then 7–12 during proceedings); allegations span Jan 1, 2004–Sept 19, 2005.
- V.H. first told a school counselor Wofford touched her; she later told a police officer it was only a backrub, then again disclosed detailed sexual abuse in a written note and to a specialized detective and nurse.
- O.H. separately reported similar touching and sexual acts after initial interviews; both girls were examined and videotaped interviews were played at trial.
- Wofford was convicted of three counts of aggravated child molestation and one count of child molestation; acquitted on a rape charge. The case has a complex procedural history including prior appeals and a granted out-of-time appeal.
- Wofford raised multiple grounds on appeal: insufficiency of the evidence, venue, juror challenge denial, a credibility jury instruction referencing "intelligence," and ineffective assistance of counsel (including failure to object to hearsay and to call/subpoena witnesses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | State: victims' testimony alone can support convictions | Wofford: inconsistencies, recantations, lack of physical evidence render proof insufficient | Affirmed — victim testimony sufficient; conflicts for jury to resolve; lack of physical corroboration goes to weight, not sufficiency |
| Venue (Gwinnett County) | State: testimony and registration records place residence/school in Gwinnett | Wofford: State failed to prove crimes occurred in Gwinnett | Affirmed — circumstantial evidence (school, counselor, address, officer testimony) permits venue finding |
| Strike juror for cause (Juror No. 38) | State: juror affirmed ability to follow law and be impartial | Wofford: juror identified personal bias (put daughters in victims' place) | Affirmed — trial court did not abuse discretion; juror's equivocations were resolved and not fixed bias |
| Jury instruction on credibility (reference to "intelligence") | State: pattern instruction permissible | Wofford: instruction improper and prejudicial | Affirmed — no plain error; similar to pattern charge and not reversible under plain-error review |
| Ineffective assistance of counsel | Wofford: counsel failed to object to V.H.'s prior consistent statement, failed to object to jury charge, failed to timely move for discharge, and failed to subpoena favorable witnesses | State: either no deficient performance or no prejudice; many claims previously litigated or unsupported | Affirmed — petitioner failed to show deficient performance causing a reasonable probability of different outcome; some issues law of the case |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Newton v. State, 296 Ga. App. 332 (victim testimony may alone sustain conviction)
- Manuel v. State, 289 Ga. 383 (lack of corroboration goes to weight/credibility)
- Chapman v. State, 275 Ga. 314 (venue may be proved by direct or circumstantial evidence)
- Leonard v. State, 292 Ga. 214 (standard for excusing juror for cause)
- McKenzie v. State, 293 Ga. App. 350 (discussion of credibility instruction and intelligence language)
- Howard v. State, 288 Ga. 741 (inclusion of intelligence in credibility charge not plain error)
- Barker v. Wingo, 407 U.S. 514 (speedy trial balancing test)
- Doggett v. United States, 505 U.S. 647 (speedy trial considerations)
- Bulloch v. State, 293 Ga. 179 (cumulative-error / cumulative-effect instruction)
- Hill v. State, 315 Ga. App. 833 (prejudice from missing witness requires proffer of favorable testimony)
- Woodard v. State, 269 Ga. 317 (child hearsay statute interpretation at trial time)
- Bunn v. State, 291 Ga. 183 (later overruling/context for child hearsay law)