Carroll v. State

Defense counsel was not deficient for strategically deciding not to move for a mistrial, after the jury heard evidence that the defendant had sexually abused another family member.

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Following a jury trial, Larry Carroll was convicted on one count of aggravated sexual battery1 and two counts of child molestation.2 He appeals his convictions and the denial of his motion for new trial, arguing that his trial counsel provided ineffective assistance of counsel i by not moving for a mistrial after the jury heard inadmissible evidence that Carroll had sexually abused another family member and ii by not objecting when one of the State’s witnesses provided testimony that allegedly bolstered the victim’s credibility. For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, Davis v. State ,3 the evidence shows that in November of 2003, then nine-year-old A. M. confided to her mother that Carroll A. M.’s step-grandfather had put his finger in her privates and had masturbated in front of her. That same day, A. M.’s mother and her aunt reported Carroll’s sexual abuse to the police and brought A. M. to the police station, where she was interviewed by police and an employee with the Department of Family and Children’s Services DFACS. During the interview, A. M. repeated her account of how Carroll fondled her privates, penetrated her privates with his finger, and masturbated in front of her.

Carroll was indicted on one count of aggravated sexual battery and on three counts of child molestation. At trial, A. M. testified regarding Carroll’s sexual abuse of her, and her mother testified regarding A. M.’s outcry. The State also offered the testimony of the police and the DFACS employee who interviewed A. M. In addition, Carroll called several witnesses to testify in his defense. At the trial’s conclusion, Carroll was convicted on one count of aggravated sexual battery and on two counts of child molestation. He was sentenced to 40 years with 20 years to serve. Thereafter, Carroll obtained new counsel and filed a motion for a new trial, alleging ineffective assistance of counsel. After a hearing, the trial court denied Carroll’s motion for a new trial, giving rise to this appeal.

Carroll v. State

Defense counsel was not deficient for strategically deciding not to move for a mistrial, after the jury heard evidence that the defendant had sexually abused another family member.

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