In the Interest of C. S.

The trial judge's accusation that one witness committed perjury was not an indicator of his impartiality against the juvenile in her delinquency hearing for aggravated assault, since the comment did not implicate the juvenile's guilt or innocence.

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The Juvenile Court of Chatham County adjudicated C.S. delinquent for committing the felony of aggravated assault. C.S. appeals from the denial of her motion for a new trial, contending that she received ineffective assistance of counsel and that the juvenile court improperly commented on a witness’s testimony. Finding no error, we affirm. On the evening of June 22, 2004, an altercation occurred behind the Crow Bar Lounge in Savannah, Georgia. After exiting from the lounge, Robert Strickland encountered C.S. and four of her friends. A heated verbal exchange ensued. C.S. “sideswiped” Strickland with her foot, and Strickland turned around and slapped her. One of C.S.’s companions, known only by the first name “Ricky,” punched Strickland in the head, causing him to fall to the ground and to strike his head on the pavement. Ricky stole Strickland’s wallet and fled from the scene. Strickland was bleeding profusely from the head and drifted in and out of consciousness as he lay on the ground.

An employee of a nearby beverage store observed C.S. repeatedly kick Strickland in the head as he lay on the ground, appearing to have convulsions. Another individual who drove by the scene observed C.S. kick Strickland while he was on the ground in a fetal position. The individual exited from his car and forced C.S. away from Strickland. C.S. was “ballistic,” screaming and shouting obscenities. Based on this eyewitness testimony, the juvenile court found C.S. guilty of aggravated assault.

In the Interest of C. S.

The trial judge's accusation that one witness committed perjury was not an indicator of his impartiality against the juvenile in her delinquency hearing for aggravated assault, since the comment did not implicate the juvenile's guilt or innocence.

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