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Willie Blackmonv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A1834
DecidedMarch 24, 2016
Reporter268 Ga. 488
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawEvidenceHearsayJury InstructionsIneffective Assistance of CounselReversalSpecial ConcurrenceTales From the CryptSex CrimesThe System
Case Summary

Willie Blackmon was convicted of rape, aggravated child molestation, and child molestation involving a minor child. On appeal, he argued that trial counsel failed to object to hearsay that bolstered the child’s credibility, testimony improperly vouching for the child’s truthfulness, and a jury instruction concerning prior consistent statements. The Court of Appeals held that counsel’s performance was deficient and prejudicial. The challenged testimony supplied improper credibility support, and the instruction could authorize admission of a prior consistent statement even though the defense had not affirmatively placed the witness’s veracity in issue through a claim of recent fabrication or improper influence. Because the State’s theory and the trial court’s instructions made the errors material to the verdict, the court reversed the convictions. The court also addressed counsel’s failure to raise related objections and concluded that the cumulative effect required a new trial. A judge concurred specially in part, separately emphasizing the recurring concern that attorneys sometimes admit their own ineffectiveness without meaningful professional consequences. Other judges concurred in the judgment on portions of the analysis.

Opinion

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