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Strickland v. State

Even if a detective's testimony improperly bolstered the aggravated sodomy victim's credibility, the defendant failed to show a reasonable probability that it so prejudiced his defense as to affect his trial's outcome.

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Clarence Strickland was charged by indictment with aggravated sodomy against his daughter B. S. Count 1; with child molestation against his daughter C. S. Count 2; and with three counts of child molestation against his girlfriend’s daughter, K. J. Counts 3, 4, and 5. Following a jury trial, he was found guilty on Count 1 of aggravated sodomy and sentenced to thirty years to serve on that count. He was acquitted on Counts 3, 4, and 5. The jury deadlocked on Count 2 and the trial court declared a mistrial as to that count. Strickland appeals his conviction for aggravated sodomy and the denial of his motion for new trial, contending that he received ineffective assistance of counsel. We affirm. Viewing the evidence in the light most favorable to the jury’s verdict,1 the record reflects that B. S., C. S., and K. J. each testified against Strickland. B. S., eleven years old at the time of trial, testified that when she was around eight years old, Strickland put his hands behind her head, pushed her head down over his penis, and forced her to suck his penis and to “drink his pee.” Strickland told B. S. that if she told what had happened, she would get a “whooping.”

C. S., aged 16 at the time of trial, was B. S.’s half-sister. C. S. testified that in May 2007, when she was 14, Strickland came into her bedroom, kissed her neck, and touched her breast. He walked out but came back, said he was sorry, gave her some money, and asked her not to tell.

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