Anderson v. State
315 Ga. App. 679
| Ga. Ct. App. | 2012Background
- Anderson, who adopted the victim J.A., was convicted of three counts of aggravated child molestation and sentenced to life with 25 years to serve on each count, consecutive, and the balance on probation.
- J.A. testified to numerous acts of oral and anal sodomy by Anderson, beginning in the third grade and continuing into 2009; the last overnight occurred two weeks before trial.
- J.A. disclosed abuse on Oct. 16, 2008; police interviewed her on Oct. 17, 2008 in a child-friendly room, later admitted as evidence.
- There was no physical evidence of abuse; the State relied on the victim’s testimony and admissible out-of-court statements under OCGA § 24-3-16; the October 2008 interview was replayed during deliberations.
- Search-warrant execution at Anderson’s apartment yielded items (vodka bottle, loaded handgun, Falcons tickets, handwritten note) admitted as consciousness-of-guilt evidence, over defense objections.
- Anderson challenged the sufficiency and various evidentiary issues on appeal; the Court of Appeals affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated child molestation | Anderson argues insufficient evidence, especially lack of physical proof. | Anderson contends no corroborating physical evidence; credibility is for jury. | Evidence, including victim testimony and admissible out-of-court statements, sufficient. |
| Admission of October 2008 interview under Child Hearsay Statute | Interview had sufficient indicia of reliability. | Recording lacked reliability. | Trial court did not abuse discretion; interview admissible. |
| Replay of interview during jury deliberations | Replay was proper under prior ruling and safeguards. | Unclear reliability; replay improper. | Court did not abuse discretion; replay upheld. |
| Admissibility of outcry witnesses D.P. and E.E. | Outcry statements admissible as part of hearsay exceptions. | Reliability not preserved for review; no pretrial ruling. | Not preserved for appellate review; claim rejected. |
| Admission of consciousness-of-guilt evidence from search-warrant items | Items showed consciousness of guilt; probative value outweighs prejudice. | Potential prejudice; probative value disputed. | No abuse of discretion; items properly admitted. |
Key Cases Cited
- Whitaker v. State, 443 U.S. 307 ((1979)) (standard for sufficiency review in criminal cases cited by court)
- Barnes v. State, 299 Ga.App. 253 ((2009)) (victim testimony alone can support conviction; corroboration not required)
- Lopez v. State, 291 Ga.App. 210 ((2008)) (out-of-court statements admissible with reliability safeguards)
- Phillips v. State, 284 Ga.App. 224 ((2007)) (admissibility of out-of-court statements and witness confrontation considerations)
- Kight v. State, 242 Ga.App. 13 ((2000)) (parents’ presence during victim interviews discussed; safeguards noted)
- Aldridge v. State, 229 Ga.App. 544 ((1997)) (admissibility of consciousness-of-guilt evidence like attempted suicide)