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Conger v. State

The trial court did not improperly inject its opinion into the aggravated child molestation charge when it rhetorically stated that the injury to the child "has to be the gonorrhea, does it not"

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Shane Conger appeals his conviction for aggravated child molestation, alleging insufficiency of the evidence and two errors: i the trial court improperly injected opinion into the jury charge, and ii the trial court erred in rejecting his claim that trial counsel’s actions constituted ineffective assistance. Trial counsel allegedly failed to a timely view and inform Conger of videotaped evidence, b make clear to Conger the implications of not requesting a jury charge on the lesser offense of child molestation, c redact portions of evidence from a defense exhibit, d reserve objections to the jury charges, and e enunciate and communicate clearly. We hold the evidence was sufficient, discern no errors, and affirm.

1. Conger argues the general grounds and specifically claims that the failure to put on evidence that he had gonorrhea precluded a guilty verdict. The four-year-old victim here testified that Conger removed her underwear, placed his private part on her private part, and then moved his around. Combined with the evidence of her exhibiting symptoms of gonorrhea within days thereafter, as well her immediate outcry to her mother and grandmother, this evidence sufficed to sustain a conviction for aggravated child molestation, even without evidence that Conger had gonorrhea.1

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