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Osei-Owusu v. State

Although the officer should have known that asking the defendant his claimed-girlfriend's name after the victim stated that she did not know the defendant was reasonably likely to elicit an incriminating response, and the response was given at a time when the defendant should have been given a Miranda warning, the error was harmless in light of the other evidence of the defendant's guilt.

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Nana Osei-Owusu was tried by a jury and convicted of rape. On appeal, he claims that the trial court erred by denying his motion to exclude an in-custody statement, by failing to give a requested jury charge, and by charging the jury on the law of involuntary intoxication. He further claims that his trial counsel was ineffective for failing to object to an officer’s use of the word “rape” in his testimony. Finding no reversible error by the trial court or prejudice resulting from any ineffective assistance of trial counsel, we affirm.

Viewed in the light most favorable to the verdict, the evidence showed that the victim lived in Philadelphia and flew to Atlanta to visit her boyfriend Obie, who was a party promoter. On July 27, 2009, the victim went with Obie to a night club, The Velvet Room, at around 12:00 a.m. They met a woman named Melissa there and a couple of other friends and hung out in the club’s V.I.P. room for several hours, drinking and dancing. The victim drank vodka and a bottle of champagne. At approximately 3:30 a.m., Melissa walked the victim to the D. J. booth in the club to wait for Obie. Melissa left the club and let Obie know that she was leaving the victim there. At that point, the victim was noticeably intoxicated and had trouble walking. While waiting for Obie, the victim was approached by a bouncer, who told her to leave. She argued with the bouncer, and he carried her outside of the club and left her on a curb. While she was sitting on the curb, a guy later identified as Osei-Owusu took the victim by the hand and pulled her with him.

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