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Gosnell v. State

Given the evidence linking defendant to the crimes charged, the admission of improper opinion testimony from a detective and two doctors did not justify reversal under the plain error rule.

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A grand jury indicted Paul Gosnell on two counts of aggravated sodomy and two counts of aggravated child molestation for acts committed against his son. A jury found him guilty of one count of aggravated sodomy and one count of aggravated child molestation. The trial court granted Gosnell’s motion for new trial as to the jury’s verdict for aggravated sodomy, but denied Gosnell’s motion as to the jury’s verdict for aggravated child molestation. Gosnell appeals from this ruling, asserting 1 individual voir dire of two prospective jurors was conducted at the bench without his presence, 2 the state elicited opinions from two expert witnesses regarding the ultimate issue, 3 the state elicited an opinion from an expert witness regarding the victim’s credibility, and 4 he was denied effective assistance of counsel. Because each of these assertions lacks merit, we affirm Gosnell’s conviction for aggravated child molestation.

1. Gosnell first contends that questions were asked of two prospective jurors during individual voir dire at the bench when he was not present and did not waive his presence. According to the record, Gosnell’s attorney requested the individual voir dire, and Gosnell was present in the courtroom when the trial judge held the individual voir dire at the bench.

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