Gooden v. State

728 S.E.2d 693, 316 Ga. App. 12, 2012 Fulton County D. Rep. 1732, 2012 WL 1759984, 2012 Ga. App. LEXIS 472
CourtCourt of Appeals of Georgia
DecidedMay 18, 2012
DocketA12A0390
StatusPublished
Cited by6 cases

This text of 728 S.E.2d 693 (Gooden v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gooden v. State, 728 S.E.2d 693, 316 Ga. App. 12, 2012 Fulton County D. Rep. 1732, 2012 WL 1759984, 2012 Ga. App. LEXIS 472 (Ga. Ct. App. 2012).

Opinion

Phipps, Presiding Judge.

Jimmy Gooden was convicted of committing against his 17-year-old daughter J. G. the crimes of forcible rape, incest, terroristic threat, and simple battery. On appeal, Gooden challenges the denial of his motion for mistrial, which asserted that J. G.’s credibility had been impermissibly bolstered. Gooden challenges also the denial of his motion for new trial, which asserted that his trial counsel had rendered ineffective assistance. We affirm.

At the jury trial, the state presented the following evidence. The underlying incident occurred on the night of August 10, 2002. For about two years, J. G. had been living with Gooden, his wife, and their two children. And that night, Gooden, his wife, and the children were all out of town. J. G. and a classmate had gone to church, then returned to J. G.’s residence. At about 11:30, while J. G. and her classmate were talking in the den, Gooden unexpectedly arrived. J. G. told her classmate to hide because her father had specifically told her that she could not have any visitor at the residence that night. Her classmate scurried into a room adjacent to the den.

J. G. testified that, while she was in the den with Gooden, he ordered her to take off her clothes and get onto the daybed. Given his prior threats to kill her if he ever got arrested for sexually abusing her, she complied out of fear. He took off his pants and engaged in sexual intercourse with her, while she prayed aloud for God to help her. Afterwards, Gooden discovered J. G.’s classmate hiding in the adjacent room. He locked her in that room, returned to the den, began striking J. G., and asked why the girl was in the home, despite his explicit instruction that she (J. G.) have no company that night. J. G. explained that she had been afraid to be alone. Gooden left the residence, but before walking out, warned J. G. that if the girl was not gone by the time he returned, he would hurt them both. Terrified, J. G. called her older sister1 for help.

J. G.’s sister arrived at the residence in about ten minutes and drove J. G. and her classmate to a police station, where J. G. gave a statement to a police detective. The detective pursued warrants for Gooden’s arrest and for a search of his residence. Also, a police officer was posted outside Gooden’s residence to await his return and to then summon other officers.

That same night, J. G. was taken to a hospital, where a pediatrician examined her. He found a fresh tear of her vaginal tissue, [13]*13which injury, he opined, was consistent with forcible abuse. Inside the vaginal vault, the pediatrician found a copious amount of seminal fluid, a sample of which he microscopically examined and detected motile sperm.

At about 8:00 a.m., Gooden returned to his residence. The awaiting officer detained him at his driveway, until summoned officers arrived. One of the officers explained to Gooden why he was being detained; Gooden was “cooperative,” and he gave police consent to search his residence and his vehicle. With the searches underway and the warrants meanwhile obtained, another officer arrived to take Gooden into custody. That officer advised Gooden that he was under arrest pursuant to a warrant, then transported him to the police station. There, Gooden talked briefly to officers and wrote a partial police statement.

To corroborate J. G.’s account, the state presented the testimony of J. G.’s classmate, similar transaction evidence, and evidence of prior difficulties. J. G.’s classmate recalled that she and J. G. were watching television in the den when Gooden arrived unexpectedly. While hiding in an adjacent room, the classmate heard Gooden tell J. G. to turn off the television and take off her clothes. Next, the classmate heard J. G. pleading something to the effect: “[W]hy me, Lord... oh, my God, help me, Lord”; while J. G.’s pleas were ongoing, Gooden repeatedly told J. G. to “stop saying that” because “you [are] making me not want to do this.” Thereafter, the classmate testified, Gooden came to the door of the room in which she was hiding, locked her inside, told J. G. to convince her that what she had heard was the television, then left the residence.

As similar transaction evidence to show Gooden’s bent of mind, course of conduct, modus operandi, and intent, the state presented the testimony of J. G.’s sister, who picked up J. G. and her classmate that night. She stated that when she was about five or six years old and living with Gooden and her mother, Gooden sometimes fondled her genital area, which conduct escalated to sexual intercourse by the time she was about 12 years old, when her mother left Gooden.

As evidence of prior difficulties, the state presented J. G.’s testimony that Gooden had repeatedly forced sexual intercourse upon her during the six months immediately before the night in question. J. G. further testified that Gooden had forced sexual intercourse on her previously, when she was between eight and twelve years old and living with Gooden and another former wife.

Gooden took the stand and denied the charged offenses pertaining to J. G., as well as J. G.’s allegations of prior sexual abuse. In addition, Gooden denied J. G.’s sister’s allegations of prior sexual abuse. Regarding J. G.’s sister, however, Gooden admitted that he [14]*14had been charged with child molestation and thereupon pled guilty to a reduced charge of simple battery.

Gooden’s account of the night in question was that, after arriving home at about midnight, he began talking with J. G. in the den. He heard a noise in the adjacent room and was surprised to discover J. G.’s classmate hiding in there. He had explicitly told his daughter that she could not have a visitor at the house that evening, so he asked his daughter for an explanation. Gooden testified that “she just started saying, oh, God, help me, please help me.” Gooden stated that he was so angered that his daughter had disobeyed him that he left the premises, a dmonishing his daughter not to have any visitor by the time he returned. When he came back the next morning, he was approached by police. Gooden acknowledged that he consented to a search of his home and vehicle and that, when officers at the police station asked him whether he wanted to talk to them, he talked to them briefly. Gooden testified further that, because he had nothing to hide, he began writing a police statement. He stopped, however, when a police officer suggested that he wait for an attorney.

1. Gooden contends that the trial court should have granted his motion for mistrial because the pediatrician gave testimony that bolstered J. G.’s credibility.

The pediatrician was qualified, without objection, to testify as an expert in the “area of evaluation and treatment of assault victims.” He recounted that, prior to conducting the physical examination of J. G., he interviewed her by following an assault checklist, designed to obtain both general medical information and information specific to the event in question. This exchange between the prosecutor and the pediatrician followed:

Q: Specifically on your checklist, was there anything that was consistent with a victim of sexual assault?
A: I’m sorry, do you mean in terms of the history or in terms of the physical exam?
Q: In terms of the history. Let’s stick with the history.
A: I mean, she seemed reasonable, she was fearful, but I believed she was telling me the truth.

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Bluebook (online)
728 S.E.2d 693, 316 Ga. App. 12, 2012 Fulton County D. Rep. 1732, 2012 WL 1759984, 2012 Ga. App. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gooden-v-state-gactapp-2012.