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Mohammed v. State

Defense counsel was not deficient for failing to file a futile objection to the photographic line-up.

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Ali Mohammed was convicted of two counts of child molestation and sentenced to twenty years on each count to run concurrently, five of which to serve in confinement and the remainder on probation. Following the denial of his motion for new trial, Mohammed appeals his convictions. He argues that he received ineffective assistance of counsel because his trial counsel failed to file a motion to suppress the photographic lineup admitted at trial and to object to related testimony regarding the identification. We affirm. Viewed in the light most favorable to the verdict, the evidence shows that on September 2, 2005, two tenth grade students from Columbus High School, L. H. and L. G. saw Mohammed masturbating in the school courtyard. L. H. saw Mohammed first, then told her friend, L. G. According to both students, as Mohammed masturbated, he beckoned to L. H. to come over to him, but she did not. L. H. went back inside the building, and L. G. went to get the assistant principal, Melvin Blackwell. Both girls testified that Mohammed was wearing a white shirt, black pants, and black shoes with red shoestrings, L. G. testified that she had seen Mohammed, who was not a student at the school, walking in the hall before the incident and heard someone who knew Mohammed say his name.

Blackwell testified that when he arrived at the courtyard, the perpetrator was not present and that he searched the school grounds to no avail. Blackwell also called the police. A patrol officer responded and prepared a police report, which was given to Detective Joyce Dent-Fitzpatrick on the next business day, September 6. The police report included Mohammed’s name and a physical description that he was a tall, thin black male.

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