Amador v. State
310 Ga. App. 280
Ga. Ct. App.2011Background
- Amador was convicted of aggravated assault, aggravated battery, and two counts of first-degree cruelty to children for acts against his two-year-old daughter A.R.
- On September 22, 2008, Amador lived with Amanda Swain and their two children in a Georgia apartment; a neighbor heard a child crying, expressions of anger, and spanking.
- The following day Swain’s friend found A.R. unconscious on the couch and observed prior injuries; she testified to past harm and to seeing a doll house and a crib in the apartment.
- Medical testimony showed A.R. had extensive injuries, including head trauma, bruising of varying ages, and pancreatic injury; doctors attributed injuries to multiple blunt-force trauma events not consistent with a crib fall.
- Amador gave a custodial statement reiterating that A.R. fell from the crib onto the doll house and noting prior arm fractures and parental spanking as discipline.
- The trial court addressed several rulings, including denial of striking a juror for cause, admissibility of a custodial statement, exclusion of hearsay testimony, and admission of expert testimony; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied striking a juror for cause. | Amador | State | No abuse of discretion; juror's partiality not fixed. |
| Whether Amador's custodial statement was properly admitted as voluntary. | Amador | State | Admissible; waiver and voluntariness upheld. |
| Whether the hearsay testimony was improperly excluded. | Amador | State | Harmless error; no reversible impact. |
| Whether the expert testimony on cause of pancreas injury was properly admitted. | Amador | State | Within trial court discretion; testimony admissible. |
Key Cases Cited
- Corza v. State, 273 Ga. 164 (2000) (juror partiality not automatically grounds for disqualification)
- Waldrip v. State, 267 Ga. 739 (1997) (partiality and open mind; deference to trial court findings)
- Head v. State, 276 Ga. 131 (2003) (no abuse in not striking for cause when leaning but capable of following instructions)
- Jordan v. State, 247 Ga. 328 (1981) (no fixed opinion; will follow evidence and law)
- Ham v. State, 303 Ga. App. 232 (2010) (trial court abuse when juror indicated bias without showing impartiality)