Ashmore v. State
323 Ga. App. 329
Ga. Ct. App.2013Background
- Ashmore, boyfriend of the victim's Aunt Hometta, is the victim's alleged uncle figure in Barrow County, Georgia.
- In June 2010, the 14-year-old victim spent the night at Ashmore and Hometta's home during a visit to her father’s family.
- Police later charged Ashmore with aggravated sexual battery, three counts of child molestation, attempted child molestation, attempted aggravated child molestation, and statutory rape based on the incidents in the bedroom.
- The sexual assault evidence showed bruising and DNA matching Ashmore on vaginal/abdominal swabs and other kit evidence.
- Similar transaction evidence showed Ashmore allegedly soliciting sex from a 15-year-old girl in 2007 at the same residence.
- Ashmore challenged a Jackson v. Denno ruling on the admissibility of his police statement and sought arrest of judgment on the attempted aggravated child molestation charge; the trial court denied both challenges and the verdict stood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of police statement | State argues admissibility was proper under Denno standard. | Ashmore contends incorrect standard was applied. | Admissibility properly decided; no error. |
| Arrest of judgment – attempted aggravated child molestation | State contends indictment sufficient to notify and convict. | Ashmore argues indictment insufficient or void for lacked specific intent. | Motion in arrest of judgment denied; indictment sufficient. |
Key Cases Cited
- Wright v. State, 285 Ga. 428 (Ga. 2009) (Jackson v. Denno standard followed for admissibility.)
- Thomas v. State, 292 Ga. 429 (Ga. 2013) (Totality of circumstances governs admissibility; review of trial court findings.)
- Robles v. State, 277 Ga. 415 (Ga. 2003) (Indictment sufficiency and notice standards; intelligent defense.)
- Clark v. State, 302 Ga. App. 156 (Ga. App. 2010) (Indictment validity when it places defendant on notice.)
- Jones v. State, 240 Ga. App. 484 (Ga. App. 1999) (Presumption in favor of verdict; waivers on demurrer.)
- Bowman v. State, 227 Ga. App. 598 (Ga. App. 1997) (Indictment efficacy and intent inference in criminal pleadings.)