Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Banks

The trial court erred in granting the defendant's motion for new trial based on ineffective assistance of counsel following his convictions for aggravated child molestation and child molestation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, the Superior Court of Glynn County entered judgments of conviction against Levi Banks, Jr. on one count of aggravated child molestation OCGA § 16-6-4 c and one count of child molestation OCGA § 16-6-4 a 1. Banks obtained new counsel and filed a motion for new trial arguing, inter alia, that he received ineffective assistance of trial counsel. The trial court granted Banks’ motion, and the State appeals. See OCGA § 5-7-1 a 8. Because we conclude that the trial court erred in concluding Banks received ineffective assistance of trial counsel, we reverse and remand.

Viewed in a light most favorable to the verdict, the evidence revealed that Banks lived with his grandparents Wayne Amy and Olan Daffron and had resided with them since he was approximately six years old. On Friday, July 27, 2012, Victoria Boatright Banks’ aunt and Olan Daffron’s daughter visited the Daffrons’ residence with her daughter, Kelli, and Kelli’s four-year-old daughter and three-week-old son. Kelli and her children planned to stay with the Daffrons for the weekend. After dropping off Kelli and her children, Victoria left with plans to return and pick them up the following Sunday afternoon.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Associate Attorney(s)

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›
Litigation Associate - Boston, MA

Description: Fox Rothschild has an opening in the Boston, MA office for a Litigation Associate with 3 to 5 years of experience. The ideal ca...


Apply Now ›
Go to Lawjobs