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Davis v. State

Defense counsel was not deficient in failing to raise a futile objection to the admissibility of the defendant's custodial statement in which he admitted to having sex with the child molestation victim.

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Norman Davis appeals his convictions of child molestation, aggravated child molestation, and kidnaping. Davis argues that trial counsel was ineffective for stipulating to the admissibility of his custodial statement and for asserting a legally invalid mistake-of-fact defense to the child molestation charges. In light of the evidence that Davis initiated the communication with the investigator and gave his custodial statement after knowingly waiving his right to counsel, we find that Davis has failed to demonstrate that he received ineffective assistance of trial counsel. We therefore affirm his convictions.

Davis was represented by appointed counsel at his February 2000 trial and was convicted of child molestation, aggravated child molestation, and kidnaping. Davis v. Frazier, 285 Ga. 16, 17 673 SE2d 215 2009. Davis was granted the right to file an out-of-time notice of appeal, and post-conviction counsel timely filed a notice of appeal, asserting two claims of ineffective assistance of trial counsel.

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