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Willingham v. State

Given defendant's confession to molesting his 11-year-old daughter and the corroborating medical evidence, his attorney's failure to object to evidence that defendant had sexual fantasies about his niece was harmless.

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Curtis Willingham appeals his convictions of child molestation and statutory rape of his daughter. This is Willingham’s second appeal of his convictions. Previously, in Willingham v. State, 235 Ga. App. 475 509 SE2d 744 1998, we determined that: 1 Willingham waived any error regarding the admission of testimony concerning his sexual dreams and fantasies of his niece; 2 the trial court did not err in failing sua sponte to instruct the jury on the defenses of accident and mistake of fact; and 3 it was necessary to remand the case for a hearing on Willingham’s claims of ineffective assistance of counsel which were raised for the first time on appeal. In the present case, Willingham appeals the trial court’s finding that he received effective counsel.

1. In his first enumeration of error, Willingham again argues that the trial court erred by admitting testimony about his sexual dreams and fantasies regarding his niece. However, this error was decided against Willingham in his initial appeal, wherein we determined that Willingham’s failure to object to such testimony waived any error. See id. at 475. It will not be addressed again. See Parker v. State, 229 Ga. App. 217, 218 2 493 SE2d 558 1997 assertion of same error in previous appeal renders issue res judicata.

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