Montgomery v. State (Majority)
Annotate this CaseAppellant was convicted of the rape of his six-year-old granddaughter and sentenced to twenty-five years’ imprisonment. Following his unsuccessful appeal, Appellant filed a petition for postconviction relief, alleging that his trial counsel rendered ineffective assistance of counsel. The circuit court denied the petition, but the Supreme Court reversed for a hearing. After a hearing, the circuit court again denied relief. The Supreme Court reversed and remanded for a new trial, holding that Appellant was prejudiced by his trial counsel’s failure to object to testimony given by a social worker, which included the social worker’s impermissible opinion on the child victim’s truthfulness and the credibility of the victim’s claims.
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