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Miguel Gonzalesv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A1857
DecidedMarch 16, 2018
Reporter270 Ga. App. 522
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSex CrimesIneffective Assistance of CounselEvidenceReversalRemandTales From the Crypt
Case Summary

Miguel Gonzales was convicted of child molestation and aggravated sexual battery arising from allegations involving a child who had lived with him and her family. On appeal, he challenged several evidentiary and jury-selection rulings and argued that trial counsel was ineffective for failing to ask the child’s mother for her opinion about the child’s truthfulness. The Georgia Court of Appeals held that the trial court properly excluded broad questions asking the child whether she always told the truth, but that counsel’s failure to ask the mother’s opinion resulted from a legal misunderstanding rather than a reasonable strategy. Because credibility was central to the prosecution’s case and the evidence was not overwhelming, the omission created a reasonable probability of a different result. The court reversed the convictions while holding that the evidence was legally sufficient to permit a retrial. It also addressed several issues likely to recur on retrial, including limits on questioning about truthfulness and voir dire concerning prospective jurors’ views of guilt.

Opinion

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Miguel Gonzales V. The State — The Atlanta Gleaner