Mealor v. State

596 S.E.2d 632, 266 Ga. App. 274, 2004 Fulton County D. Rep. 632, 2004 Ga. App. LEXIS 162
CourtCourt of Appeals of Georgia
DecidedFebruary 10, 2004
DocketA03A2282
StatusPublished
Cited by9 cases

This text of 596 S.E.2d 632 (Mealor 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
Mealor v. State, 596 S.E.2d 632, 266 Ga. App. 274, 2004 Fulton County D. Rep. 632, 2004 Ga. App. LEXIS 162 (Ga. Ct. App. 2004).

Opinion

596 S.E.2d 632 (2004)
266 Ga. App. 274

MEALOR
v.
The STATE.

No. A03A2282.

Court of Appeals of Georgia.

February 10, 2004.
Reconsideration Denied March 16, 2004.

*634 Brennan & Wasden, Savannah, Christopher D. Elrod, Scott R. Tolbert, Jefferson, for appellant.

Timothy G. Madison, Dist. Atty., Robin R. Riggs, Asst. Dist. Atty., for appellee.

*633 MIKELL, Judge.

James Kenneth Mealor was convicted of one count of aggravated sexual battery and two counts of child molestation for sexually abusing his daughter. Mealor also was convicted of one count of contributing to the delinquency of a minor for buying cocaine in the presence of his daughter. The trial court sentenced him to 20 years confinement. Mealor appeals the trial court's denial of his motion for new trial, arguing that he was denied the effective assistance of counsel. We disagree and affirm Mealor's conviction.

Viewed in the light most favorable to the jury's verdict, the record shows that Mealor began sexually abusing his daughter, C.M., when she was nine years old, by getting in bed with her every night for a week and touching her. C.M. told her mother, Susan Mealor, who confronted her husband. He denied the allegations. C.M. testified that her mother refused to believe her. Mealor convinced C.M. to tell her mother that it was a bad dream and C.M. never spoke about it again. According to C.M., Mealor resumed *635 touching her when she was in the sixth grade. C.M. testified that she was lying on the floor in the living room when Mealor asked if "he could put it in." Mealor unbuttoned and unzipped C.M.'s pants, but then stopped when C.M. protested. On another occasion, Mealor kissed C.M., putting his tongue inside her mouth. After Mealor kissed C.M., he asked her, "Why did you let me do that? Why did you let me kiss you?"

Mealor's molestation of C.M. progressed when the victim was in the seventh grade. Once, when C.M. and her family were living with her grandparents, C.M. fell asleep while Mealor was rubbing lotion on her back. When she awoke, she was lying on her back and Mealor was "fingering her." When Mealor realized C.M. was awake he stopped and asked her, "Why did you let me do that?" C.M. also testified that on a daily basis, Mealor gave her a "`titty hug' where he would put his head [on her chest] and rub [her] breasts together and squeeze them and hug." According to C.M., Mealor also came into the bathroom whenever she was taking a shower or getting out of the shower. On these occasions, Mealor gave C.M. a "titty hug," called her "baby," and squeezed her breasts and "derriere."

C.M. also testified that on several occasions, she accompanied Mealor to buy cocaine. Twice when C.M. was in high school, Mealor checked her out of school to do a drug test for him. According to C.M., she urinated in a bottle and Mealor hid the bottle on his person when he took the test.

C.M. twice told a friend/cousin, C.D., about the abuse. According to C.D., C.M. first mentioned that her father was touching her when the two were in seventh grade. In high school, C.M. told C.D. that the abuse was "still happening." C.M. eventually told her cousin J.C. about the abuse. According to C.M., she did not report Mealor's behavior because she did not want her mother to get in trouble and she knew it would rip her family apart. C.M. also testified that she was reluctant to report the abuse because, "in thinking back to fourth grade, [you] tell your mama then what just happened and she doesn't believe you, then nobody will." C.M. then told her aunt and uncle, who advised her to tell a school counselor. The school counselor contacted the authorities, who conducted an investigation and ultimately arrested Mealor. C.M. went to live with her grandparents.

Mealor argues that the trial court erred in denying his motion for new trial because he was denied effective assistance of counsel. In this regard, Mealor complains that trial counsel (a) failed to object to evidence of a mock "Christmas gift" from C.M. to her boyfriend, which was left by Mealor at C.M.'s grandparents' home; (b) failed to object to the testimony of witnesses who testified as to statements made by C.M. about the abuse; (c) failed to object when witnesses testified as to C.M.'s veracity; (d) failed to file a motion to sever on his behalf; (e) called Mealor's son to testify about the mock "Christmas gift" and referred to the gift and Mealor as "warped"; and, (f) failed to reserve objection to the court's charge.[1]

"To establish ineffectiveness, a defendant must prove that his trial counsel's performance was deficient and the deficiency prejudiced his defense to the extent that there was a reasonable probability the result of the trial would have been different but for defense counsel's unprofessional deficiencies." Hardegree v. State, 230 Ga.App. 111, 113(4), 495 S.E.2d 347 (1998), citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See also Woods v. State, 271 Ga. 452, 453(2), 519 S.E.2d 918 (1999); Mitchell v. State, 220 Ga.App. 264, 265, 469 S.E.2d 707 (1996). "In evaluating an attorney's performance, there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Where, [as here], trial counsel does not testify at the motion for new trial hearing, it is extremely difficult to overcome *636 this presumption." (Citations and punctuation omitted.) Wilson v. State, 277 Ga. 195, 200(2), 586 S.E.2d 669 (2003). See also Herndon v. State, 235 Ga.App. 258-259, 509 S.E.2d 142 (1998) ("there is a strong presumption that trial counsel's performance falls within the wide range of reasonable professional assistance and that any challenged action might be considered sound trial strategy. In the absence of testimony to the contrary, counsel's actions are presumed strategic") (punctuation omitted). "A trial court's finding that a defendant has been afforded effective assistance of counsel must be upheld unless clearly erroneous." (Citations and punctuation omitted.) Williams v. State, 234 Ga.App. 191, 193(2), 506 S.E.2d 237 (1998). Bearing these principles in mind, we find no merit to Mealor's claims.

a. Mealor contends his trial counsel was deficient for not objecting to the admission of the mock "Christmas gift." Mealor argues that the evidence was irrelevant to the crimes for which he was charged. During C.M.'s testimony, the prosecutor asked whether she and Mealor had any contact since she reported the abuse. C.M. replied that Mealor had sent a Christmas gift to her grandparents' house. According to C.M., shortly after she moved in with her grand-parents, she noticed an unopened Christmas gift addressed, "To: Sean, From: [C.M.]" At the time, Sean was C.M.'s boyfriend. The package contained a bottle of red fingernail polish and a pair of pink panties with the phrase "queer sucks here" written on the crotch. C.M. recognized Mealor's handwriting on the panties. On cross-examination, C.M.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carey Granger v. State
Court of Appeals of Georgia, 2013
Granger v. State
740 S.E.2d 313 (Court of Appeals of Georgia, 2013)
Jackson v. State
701 S.E.2d 481 (Court of Appeals of Georgia, 2010)
Nelson v. State
691 S.E.2d 363 (Court of Appeals of Georgia, 2010)
Abernathy v. State
685 S.E.2d 734 (Court of Appeals of Georgia, 2009)
Adams v. State
659 S.E.2d 711 (Court of Appeals of Georgia, 2008)
Boyt v. State
649 S.E.2d 589 (Court of Appeals of Georgia, 2007)
Williams v. State
616 S.E.2d 117 (Court of Appeals of Georgia, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
596 S.E.2d 632, 266 Ga. App. 274, 2004 Fulton County D. Rep. 632, 2004 Ga. App. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mealor-v-state-gactapp-2004.