Chambers v. State, A95A0474
| Decision Date | 08 February 1995 |
| Docket Number | No. A95A0474,A95A0474 |
| Citation | 216 Ga.App. 361,454 S.E.2d 567 |
| Parties | CHAMBERS v. The STATE. |
| Court | Georgia Court of Appeals |
James C. Wyatt, Rome, for appellant.
Stephen F. Lanier, Dist. Atty., C. Stephen Cox, Asst. Dist. Atty., Rome, for appellee.
This is the third appearance of this case before this court. In both Chambers v. State, 205 Ga.App. 78, 421 S.E.2d 326 (1992), and in Chambers v. State, 213 Ga.App. 284, 444 S.E.2d 833 (1994), we reversed Chambers' convictions for child molestation and incest. The case was retried in August 1994, and Chambers was again convicted by a jury of child molestation and incest, both charges involving his biological daughter. This appeal followed.
The evidence viewed in the light most favorable to the jury's verdict shows that in 1988, the victim, who was 16 years old at the time of the third trial, began living with Chambers, his present wife, and other siblings when the acts of sexual exploitation occurred. During the two years that she lived with Chambers, the victim was subject to numerous acts of sexual abuse. The victim specifically recounted an incident when Chambers took her to a parcel of land that the family owned and had sexual intercourse with her while the two were inside the cab of his truck. Afterwards, Chambers informed the victim that he loved her and instructed her not to tell anyone. The victim also testified that Chambers sexually abused her in the family's home.
She also recalled an incident when Chambers removed her from her bed, took her into his room, and had sexual intercourse with her. On another occasion, he attempted to place the victim's hand on his penis after he called her into a bathroom in the home. The victim further testified that Chambers has picked her up, unzipped her pants, and kissed her on her vagina. Chambers also had sexual intercourse with the victim on the floor of the family's former residence when the two of them returned to the home to retrieve some items. He again informed her that he loved her and instructed her not to tell anyone.
In October 1990, the victim informed a friend, a school counselor, a social worker, an emergency room physician, a victim/witness advocate, and a police officer of the specific acts of sexual abuse committed by Chambers against her. Both the school counselor and the social worker opined, based upon their experience with molestation victims, that the victim exhibited traits that were consistent with those of molested children. The emergency room physician testified that her examination of the victim revealed that the victim's hymen was absent, and she opined that penetration can result in the absence of the hymen. Based upon her examination of the victim, the physician concluded that the victim's vagina had been penetrated on more than one occasion. Her examination of the victim was consistent with the history given by the victim that she had been sexually molested by Chambers.
1. Chambers asserts that the trial court erred in denying his motion for a directed verdict of acquittal because of alleged inconsistencies in the victim's testimony.
"A directed verdict of acquittal is proper only where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal." (Citation and punctuation omitted.) Thompson v. State, 210 Ga.App. 655, 656(1), 436 S.E.2d 799 (1993). (Citation and punctuation omitted.) Hargrove v. State, 202 Ga.App. 854, 857, 415 S.E.2d 708 (1992).
In the case at bar, the jury resolved any conflicts in the victim's testimony in her favor and found her testimony worthy of belief. Reviewing the evidence adduced at trial under the standard of review enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), a rational trier of fact was authorized to find Chambers guilty beyond a reasonable doubt of the offenses charged. See Carr v. State, 214 Ga.App. 367(1), 448 S.E.2d 33 (1994).
2. Next, Chambers maintains that the trial court erred in failing to grant his motion for mistrial after the prosecution elicited an answer from a witness on the ultimate issue of the case. Specifically, Chambers asserts as error the prosecution's questioning of Sandra Pace, the school counselor, on whether she believed the victim was telling the truth when she disclosed to her the acts of molestation committed against her by Chambers. After Pace responded that she did believe the victim, Chambers' counsel objected to the question on the ground that it addressed the ultimate issue in the case, and moved for a mistrial.
The trial court indicated that it would instruct the jury that whether the witness believed the victim could not be a factor in their determination. Chambers' counsel responded that he did not object to the instructions, but felt that the instructions were inadequate at that point since this question was also posed in the second trial of the case. The trial court instructed the jury that it had the ultimate responsibility of determining the credibility of witnesses. Chambers' counsel did not voice an objection after the giving of this instruction, did not ask for additional curative instructions, and did not renew his motion for a mistrial.
"Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit." (Citation and punctuation omitted.) McAlister v. State, 204 Ga.App. 259, 260(1), 419 S.E.2d 64 (1992). Counsel's inaction following the giving of the curative instructions...
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Gray v. State
...abuse of discretion. See Atlantic & Birmingham R. Co. v. Johnson, 127 Ga. 392, 399(4), 56 S.E. 482 (1907); Chambers v. State, 216 Ga.App. 361, 364(4), 454 S.E.2d 567 (1995); Bartell v. State, 181 Ga.App. 148, 351 S.E.2d 495 (1986); Blackburn v. State, 180 Ga.App. 436(3), 349 S.E.2d 286 Coun......
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Billups v. State
...trial required because of harmful effect of the prejudicial matter). 19. (Citation and punctuation omitted.) Chambers v. State, 216 Ga.App. 361, 363(2), 454 S.E.2d 567 (1995); Coates v. State, 222 Ga.App. 888, 889(1), 476 S.E.2d 650 (1996); Tharpe v. State, 207 Ga.App. 900, 901(5), 429 S.E.......
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Binns v. State, A99A0057.
...for mistrial, an enumeration addressed to such ground is without merit." (Citation and punctuation omitted.) Chambers v. State, 216 Ga.App. 361, 363, 454 S.E.2d 567 (1995). Counsel's inaction following the curative instruction constitutes waiver of his motion and gives this Court nothing to......
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Coates v. State, A96A1444
...for mistrial, an enumeration addressed to such ground is without merit." (Citation and punctuation omitted.) Chambers v. State, 216 Ga.App. 361, 363(2), 454 S.E.2d 567 (1995). Defense counsel's inaction after the instruction was given constitutes a waiver. Id.; see Sing v. State, 217 Ga.App......