Strickland v. State, A92A1582
| Decision Date | 11 September 1992 |
| Docket Number | No. A92A1582,A92A1582 |
| Parties | STRICKLAND v. The STATE. |
| Court | Georgia Court of Appeals |
Summer & Summer, Chandelle T. Summer, Gainesville, for appellant.
C. Andrew Fuller, Dist. Atty., Lee Darragh, Asst. dist. Atty., for appellee.
Defendant was charged in a six-count indictment with aggravated child molestation (Counts 1, 3 and 5) and child molestation (Counts 2, 4 and 6). The evidence adduced at a jury trial showed that the three victims are sisters and that defendant was their babysitter. The victims testified that defendant committed acts while they were under defendant's care and supervision which constitute three separate acts of child molestation.
The State withdrew Counts 3 and 5 of the indictment before the jury began deliberations. The jury found defendant not guilty as to Count 1 and returned guilty verdicts as to Counts 2, 4 and 6. This appeal followed. Held:
Defendant contends the trial court erred in refusing to admit evidence of the victims' prior false allegations of child molestation against another babysitter.
Ellison v. State, 198 Ga.App. 75(1), 76, 400 S.E.2d 360.
In the case sub judice, a hearing was conducted outside the presence of the jury regarding defendant's request to admit evidence of the victims' prior false allegations of child molestation against another babysitter. The victim of Count 4 of the indictment testified that her cousin Lucille committed acts against her which constitute child molestation and that Lucille committed these acts while she and the other two victims were under Lucille's care and supervision. The victim of Count 2 of the indictment testified that her cousin Lucille committed acts against all three victims which constitute child molestation and that Lucille committed these acts while she and the other victims were under Lucille's care and supervision. (The descriptions of the alleged acts of child molestation given by these witnesses are similar to the acts of child molestation allegedly committed by defendant.) The victim of Count 6 of the indictment testified and affirmed that her cousin Lucille babysat her and the other victims, but she repeatedly refuted...
To continue reading
Request your trial
-
Vallejo v. State
..., 306 Ga. at 124 (2), 829 S.E.2d 367 (holding that Tyson contained a similar constitutional holding to Smith ); Strickland v. State , 205 Ga. App. 473, 474, 422 S.E.2d 312 (1992 (holding that the trial court erred in determining that there was no reasonable probability that prior allegation......
-
Vallejo v. State
...(per se admissibility) holding in Smith. The same analysis applies to our decisions in Tyson, 232 Ga.App. at 733-734 (2), and Strickland, 205 Ga.App. at 473-474. In Morgan, on the other hand, this Court that the trial court did not abuse its discretion in excluding evidence under Smith afte......
-
Vallejo v. State
...(per se admissibility) holding in Smith. The same analysis applies to our decisions in Tyson, 232 Ga.App. at 733-734 (2), and Strickland, 205 Ga.App. at 473-474. In Morgan, on the other hand, this Court that the trial court did not abuse its discretion in excluding evidence under Smith afte......
-
Wand v. State, A97A1989
...705, 706-707(1), 436 S.E.2d 732 (1993).12 See Lemacks v. State, 207 Ga.App. 160, 161, 427 S.E.2d 536 (1993).13 See Strickland v. State, 205 Ga.App. 473, 422 S.E.2d 312 (1992).14 See Hall v. State, 196 Ga.App. 523, 524-525(2), 396 S.E.2d 271 (1990); Moody v. State, 205 Ga.App. 376, 377-378(3......