Wynn v. State
322 Ga. App. 66
| Ga. Ct. App. | 2013Background
- Wynn was convicted by jury of rape, child molestation, and incest after a May 2006 motel encounter with his 15-year-old daughter.
- The victim reported the assault to school staff; a hospital sexual assault kit and DNA testing were performed, showing sperm and Wynn’s DNA.
- Wynn testified he only checked in with the victim and did not sexually assault her, claiming he slept elsewhere in the room and was on the phone with his wife.
- The trial court denied Wynn’s motion for a new trial; Wynn timely appealed challenging sufficiency of evidence, continuance denial, and ineffective assistance.
- GBI DNA results linked Wynn to the cervical swab; defense sought a continuance for additional DNA testing and reference samples.
- On appeal, the court affirmed the convictions, holding the evidence sufficient and finding no abuse of discretion or deficient performance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of force in rape | Wynn argues lack of force to prove rape. | State contends force shown by fear and minimal resistance of a child. | Evidence sufficient; minimal force or intimidation shown by victim's fear |
| Sufficiency of incest (father-daughter relationship) | Prosecution proved father-daughter relation beyond reasonable doubt. | Insufficient evidence of consanguinity. | Evidence sufficient; victim and mother testified; Wynn himself acknowledged paternity |
| Continuance denial | Continuance was necessary for additional DNA testing and expert testimony. | More time was needed to obtain new samples and run tests. | No abuse of discretion; no demonstrated harm or specific missing evidence |
| Ineffective assistance of counsel | Counsel failed to present experts and obtain additional DNA evidence. | Counsel's performance deficient and prejudicial | No ineffective assistance; no proffer of favorable evidence; strategy-based decisions |
Key Cases Cited
- Goss v. State, 305 Ga. App. 497 (2010) (standard for appellate review of motions and credibility)
- Whorton v. State, 318 Ga. App. 885 (2012) (proof and sufficiency standards)
- Jackson v. Virginia, 443 U.S. 307 (1979) (constitutional standard for review of evidence sufficiency)
- Brown v. State, 319 Ga. App. 680 (2013) (inference from young victim's testimony and intimidation)
- Smith v. State, 319 Ga. App. 590 (2013) (jury may infer lack of consent from fear and age)