Word v. State
308 Ga. App. 639
| Ga. Ct. App. | 2011Background
- Word was convicted of armed robbery in Georgia.
- The trial court denied Word's motion for a new trial.
- Word appealed arguing ineffective assistance of trial counsel.
- The contention: trial counsel failed to object to a police officer's testimony bolstering the victim's credibility.
- The State rebutted by rehabilitating the victim's credibility during redirect and cross-examination.
- The Court of Appeals reversed, finding deficient performance and a reasonable probability of different trial outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel's failure to object to bolstering testimony was ineffective assistance. | Word contends counsel should have objected to the officer's bolstering of the victim. | State asserts no ineffective assistance under trial strategy and cross-examination nuance. | Yes; counsel's failure was deficient and prejudicial |
Key Cases Cited
- Mann v. State, 252 Ga.App. 70 (2001) (failure to object to bolstering testimony constitutes deficient performance)
- Al-Attawy v. State, 289 Ga.App. 570 (2008) (cross-examination strategy does not excuse failure to object to bolstering testimony)
- Bazin v. State, 299 Ga.App. 875 (2009) (reverses where trial court findings on deficiency are clearly erroneous)
- Bly v. State, 283 Ga. 453 (2008) (distinguishes Al-Attawy on bolstering testimony)
- Ward v. State, 304 Ga.App. 517 (2010) (ineffective assistance where non-overwhelming evidence and bolstering evidence affected outcome)