6 results for 'cat:"Ineffective Assistance" AND cat:"Jury" AND cat:"Sex Offender"'.
J. Pipkin rules that the trial court improperly convicted defendant of cruelty to children in the first degree and finds that defendant is entitled to a new trial on that offense due to juror misconduct. The verdict form given to the jury incorrectly listed the charge as cruelty to children in the third degree. Upon being recalled for a second round of deliberations after the mistake was discovered, a juror used her phone to Google the classifications of the offense of cruelty to children and then shared the information with other jurors. The trial court correctly convicted defendant of sexual battery. Defendant's trial counsel was not deficient for allowing defendant to proceed to trial with only one hearing aid. Defendant twice told the trial court that he was able to hear. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1752, Categories: ineffective Assistance, jury, sex Offender
J. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: ineffective Assistance, jury, sex Offender
J. Markle finds that the trial court properly convicted defendant of rape and aggravated sodomy. The trial court did not commit any error by failing to instruct the jury on attacking a witness's credibility. Evidence of defendant's prior statutory rape conviction was correctly admitted because it was relevant to defendant's identity and intent. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: January 4, 2024, Case #: A23A1753, Categories: ineffective Assistance, sex Offender, jury Instructions
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J. Baggett finds that the trial court properly convicted defendant of trafficking persons for sexual servitude, criminal attempt to commit child molestation and a firearm offense. The trial court correctly denied defendant's motion for a new trial and found that defendant's trial counsel was not deficient for failing to file a motion to suppress evidence obtained as a result of a traffic stop. Officers had reasonable suspicion that defendant's vehicle was being driven by the person who had exchanged text messages with an undercover officer to pay for sex with an underage girl. Defendant failed to show that the trial court's jury instructions on the sex trafficking or child molestation offenses affected the trial outcome or confused the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0263, Categories: ineffective Assistance, sex Offender, jury Instructions