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Danmond Slackv.The State

CourtCourt of Appeals of Georgia
Docket No.A19A2091
DecidedMarch 5, 2020
Reporter295 Ga. 442
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSex CrimesTales From the CryptIneffective Assistance of CounselJury InstructionsStatutory InterpretationReversalRemand
Case Summary

Danmond Slack was convicted of aggravated child molestation, child molestation, and first-degree cruelty to children based on conduct involving a young child. On appeal, he challenged voir dire, hearsay, ineffective assistance, and the failure to instruct the jury on the statute of limitations for the cruelty count. The Georgia Court of Appeals affirmed the molestation convictions but held that counsel was ineffective for failing to request a limitations instruction on the cruelty charge. The evidence placed that conduct more than seven years before the indictment and did not establish tolling, so the jury could have found the charge time-barred. The court reversed that conviction and its sentence, then remanded for resentencing on the remaining convictions because the sentencing structure had to be reconsidered.

Opinion

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