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Granger v. State

Video of the defendant's telephone conversation while in the police interview room was properly admitted into evidence, as it was highly relevant and probative, and did not cause him to suffer prejudice, despite his use of a racial slur during the conversation.

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Having been convicted of statutory rape1 and child molestation2 for having sexual contact with his then fourteen-year-old niece, Appellant Carey Lee Granger “Granger” appeals and seeks a new trial, contending that his lawyer was ineffective, and that his case was prejudiced, by his lawyer’s failure to object to unfair bolstering of the victim’s testimony at trial and to improper argument put forth by the prosecutor during the closing arguments, and by the admission into evidence of statements made by Granger while on the phone in the police investigation room, in which he used an offensive, derogatory term. As we believe that Granger received effective legal representation and that the alleged errors, if any, were harmless, we affirm.

Construed in the light most favorable to the verdict of the jury,3 the evidence shows that in July 2009 that T.G., the fourteen-year-old female victim, was visiting family in Georgia and staying at her aunt’s home. Granger, who was then twenty-five and is T.G.’s uncle,4 came to visit her. Granger ended up staying over for the night, and he and T.G. fell asleep side by side on a couch while watching television.

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