Adams v. the State
340 Ga. App. 1
| Ga. Ct. App. | 2016Background
- Dana Marie Adams, who had custody of three children (one 12, two under five), left her two youngest asleep at home and drove a 13-year-old (C.C.) to buy marijuana; the trip took about 10–15 minutes each way and the children were alone less than an hour.
- After returning, Adams (described as intoxicated by witnesses) and C.C. smoked marijuana and drank alcohol; Adams performed oral sex on C.C. and had sexual intercourse with him multiple times that night.
- C.C. later disclosed the sexual acts to adults; law enforcement was notified and Adams was indicted on counts including aggravated child molestation, child molestation, two counts of contributing to the delinquency of a minor (for encouraging minors to possess drugs/alcohol), and two misdemeanor counts of contributing to the deprivation of a minor (for leaving the two youngest children unattended).
- At trial Adams testified and denied the allegations; the jury convicted her on all counts.
- On appeal, the Court of Appeals affirmed convictions for aggravated child molestation, child molestation, and contributing to delinquency, but reversed the two convictions for contributing to the deprivation of a minor, and rejected Adams’s challenge to admission of a 911 recording used to impeach her testimony.
Issues
| Issue | Adams' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated child molestation and child molestation | C.C.’s testimony was unreliable and motivated by bias; convictions should be overturned | Victim’s testimony alone is sufficient to support convictions | Affirmed — C.C.’s testimony allowed the jury to find guilt beyond a reasonable doubt |
| Sufficiency of evidence for contributing to the deprivation of a minor (leaving two young children alone <1 hour) | Briefly leaving sleeping young children alone without harm does not deprive them of needs essential to well‑being; statute should be strictly construed | Any willful act or omission that results in a child being without proper parental care qualifies; no actual harm required | Reversed — under strict construction and precedent the evidence was insufficient to prove deprivation absent harm or special risk |
| Admissibility of undisclosed 911 recording used to impeach Adams | Admission violated reciprocal discovery statute and prejudiced defense; should be excluded | State did not act in bad faith and trial court had discretion; exclusion was not required and Adams did not seek lesser remedies | Affirmed — no bad faith shown and defendant failed to seek continuance; exclusion is a harsh sanction and not warranted |
Key Cases Cited
- Frankmann v. State, 281 Ga. App. 1 (victim testimony alone can suffice to convict for child molestation and aggravated child molestation)
- Bagby v. State, 274 Ga. 222 (statute construed strictly against State: forbids willful acts/omissions that deprive child of needs essential to well‑being)
- Ellis v. State, 283 Ga. App. 808 (affirming deprivation conviction where evidence showed physical/emotional harm from leaving young children unattended)
- Leger v. State, 291 Ga. 584 (exclusion for discovery violations is harsh and requires prejudice and bad faith)