Davenport v. State

In light of the overwhelming evidence against the defendant, it is unlikely that the state's expert witnesses' testimony, which may have bolstered the rape and child molestation victim's credibility, affected the outcome on of the trial.

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A Coweta County jury convicted Curtis P. Davenport of one count of rape and four counts of child molestation. On appeal from the denial of his amended motion for new trial, Davenport does not contest the sufficiency of the evidence to convict him on all counts. Rather, he contends that the trial court committed plain error by allowing two of the State’s witnesses to provide improper opinion testimony about the truthfulness of the victim. Davenport also argues that his trial counsel was constitutionally ineffective on several grounds. Finding no reversible error, we affirm. Viewed in the light most favorable to the verdict, the evidence presented at trial shows that on December 2, 2002, Davenport pled guilty under North Carolina v. Alford , 400 U. S. 25 91 SC 160, 27 LE2d 162 1970 to two counts of child molestation for molesting his nine-year-old stepdaughter, T. C. Davenport was sentenced to ten years, with two months served in confinement and the remainder of the sentence served on probation. As part of his probation, Davenport was forbidden from having unsupervised contact with T. C.

Within three weeks after he was released from jail, Davenport violated his probation and had unsupervised contact with T. C. One night, Davenport went to the home where T. C. was living. T. C., her mother, and her brother were sleeping in the living room. Davenport entered the home, awakened T. C., and told her to go to her brother’s bedroom. Davenport told T. C., “I want to look at you” and offered her $50 to take off her clothes. After T. C. undressed, Davenport touched her between her legs and on her chest, placed his penis “in between the sides” of her vagina “a little bit,” and ejaculated on her body. Davenport then told her to go clean herself up.

Davenport v. State

In light of the overwhelming evidence against the defendant, it is unlikely that the state's expert witnesses' testimony, which may have bolstered the rape and child molestation victim's credibility, affected the outcome on of the trial.

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