GONZALES v. the STATE.
Court of Appeals of Georgia
1Opinion of the Court
McFadden, Presiding Judge.
On appeal from his conviction for aggravated sexual battery and child molestation, Miguel Gonzales argues that his trial counsel was ineffective for failing to ask the victim's mother her opinion about the victim's truthfulness. We agree and we find that the deficient performance was prejudicial. So we reverse Gonzales's convictions. Because the evidence is legally sufficient to support the convictions, Gonzales may be retried. Accordingly, we address three issues that could occur upon retrial. We reject Gonzales's arguments that the trial court erred by refusing to…
Also in this document: Concurrence.
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. KellySupreme Court of Georgia · 2011
- Reese v. StateCourt of Appeals of Georgia · 2004
- McClain v. StateSupreme Court of Georgia · 1996
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3Cited by4 opinions
- David Franklin Black v. StateCourt of Appeals of Georgia · 2019
- Joseph Reyes v. StateCourt of Appeals of Georgia · 2020
- Roger Penn Barlow v. StateCourt of Appeals of Georgia · 2025
- Ronald Page v. StateCourt of Appeals of Georgia · 2024