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Pirkle v. State

Trial counsel was not deficient for strategically deciding not to move to recuse the trial judge, after learning that the judge's brother would testify as a witness for the state, since the brother's testimony was limited and neutral and the defendant had previously appeared before the court's other judges on domestic charges.

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Following a jury trial, Carl Pirkle appeals his conviction of rape,1 kidnapping,2 aggravated stalking,3 and stalking4 two counts, contending that he received ineffective assistance of counsel due to his trial counsel’s failure to move to recuse the trial judge, whose brother testified for the State. For the reasons that follow, we affirm. Construed in favor of the verdict, Short v. State ,5 the evidence shows that approximately three months after Pirkle’s ex-wife divorced him, Pirkle entered his ex-wife’s home without her permission and in violation of a restraining order. As his ex-wife attempted to flee, Pirkle grabbed her and threw her to the floor. Pirkle then dragged her to the bedroom, where he forced her to have sex with him despite his ex-wife’s pleas to stop. Afterwards, Pirkle took several nonprescription pills and some cough syrup in a failed suicide attempt. Pirkle’s ex-wife managed to convince him to let her take him to the hospital, where she reported the rape and underwent a sexual assault exam after Pirkle fled on foot. Pirkle was arrested later that week, and, from jail, he continued to make unwanted and frightening phone calls to his ex-wife in the ensuing months, despite her repeated requests for him to stop calling her.

Pirkle was charged with rape, kidnapping, aggravated stalking, and two counts of stalking. A jury convicted him on all counts, and he was sentenced to life in prison without parole for rape based on his recidivist status, with concurrent sentences for the other counts. Pirkle moved for a new trial, asserting ineffective assistance of counsel, and, following a hearing at which Pirkle’s trial counsel testified, the trial court denied Pirkle’s motion, giving rise to this appeal.

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