Duerfeldt v. The State

Summary

The Georgia Court of Appeals affirmed Flint Duerfeldt’s convictions for child molestation, aggravated sexual battery, and aggravated child molestation, as well as the denial of his motion for new trial. The court held that the trial court did not plainly err under OCGA § 24-7-702 by admitting a forensic interviewer’s expert testimony that the victim’s disclosure was consistent with reports by other children of sexual abuse. The court also rejected Duerfeldt’s ineffective-assistance claim because an objection to the admissible testimony would have been futile.

Holdings

1. The trial court did not plainly err by admitting testimony that the alleged victim’s disclosure was consistent with disclosures by other children reporting sexual abuse and showed no indication of coaching. The testimony was limited, did not directly opine that the victim was credible or had in fact been abused, and did not invade the jury’s fact-finding function.
2. Duerfeldt failed to establish ineffective assistance because an objection to Brown’s testimony would not have succeeded; counsel’s failure to pursue a futile objection was not deficient performance.

Questions Presented

1. Whether the trial court plainly erred under OCGA § 24-7-702 by admitting a forensic interviewer’s expert testimony that the alleged victim’s disclosure was consistent with disclosures by other children reporting sexual abuse and showed no indication of coaching.
2. Whether trial counsel rendered ineffective assistance by failing to object to the forensic interviewer’s testimony.

Disposition

affirmed