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Shaffer v. State

Trial counsel was not deficient for failing to make a meritless objection to the investigator's testimony that the victims' statements were consistent with their trial testimony.

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Following a jury trial, Johnnie Willard Shaffer was convicted of two counts of aggravated child molestation, two counts of aggravated sodomy, child molestation, and sexual battery. Shaffer subsequently moved for a new trial, asserting that he received ineffective assistance of counsel. The trial court denied the motion, and Shaffer appeals. For the following reasons, we affirm. Viewed favorably to the verdict,1 the evidence shows that Shaffer lived with his twin sister, her husband, and her stepchildren, including eleven-year-old C. J. and ten-year-old J. J. While C. J. was asleep, Shaffer “stuck his private in C. J.’s bottom and . . . had him pinned down.” Afterwards, Shaffer threatened C. J., telling him that he would make his live “a living h-e-l-l” if he told anyone. Thereafter, in a separate incident, Shaffer approached C. J., pulled the child’s pants down, and restrained him; C. J. then “felt the same thing he felt the first time.” Shaffer threatened to kill C. J. if he told anyone. Shaffer also “grabbed J. J.’s private,” and let go only after J. J. threatened to tell his father.

After the victims’ father learned about the molestation, he took the boys to the police station, where they described Shaffer’s acts to a police investigator. The police taped two interviews of C. J. and one of J. J., and the tapes were played for the jury. The jury found Shaffer guilty of the crimes charged.

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