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Walker v. State

The defendant failed to prove that he suffered prejudice as a result of trial counsel's alleged deficiency in failing to perfect the record and secure a final ruling on his motion in limine to exclude certain evidence.

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Following a jury trial, Michael Walker was convicted of aggravated sexual battery OCGA § 16-6-22.2 b and child molestation OCGA § 16-6-4 a 1. Walker appeals from the denial of his motion for new trial, contending that 1 the trial court erred in denying his motion in limine to exclude evidence that the victim contracted a sexually transmitted disease, and 2 trial counsel was deficient in failing to perfect the record and secure a final ruling on the motion to exclude this evidence. For the following reasons, we affirm Walker’s convictions.

Viewed in the light most favorable to the jury’s verdict,1 the trial evidence shows that Walker was the brother of the victim’s stepfather, and the victim referred to Walker as her uncle. In 2007, when the victim was nine years old, she lived with her mother and stepfather in a house in Fulton County, Georgia. On or about August 17, 2007, the victim’s mother and stepfather had a barbecue at their house. That night, the victim slept on the floor of her mother’s room. Since the house had no air conditioning, the victim’s family slept with a loud fan in the room, which was turned on high. The fan sometimes made it difficult to hear people in the room when they were talking.

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