Blanch v. State
306 Ga. App. 631
Ga. Ct. App.2010Background
- On December 12, 2003, Blanch attacked a man, forced anal intercourse, robbed him of money and license, and fled after threatening to kill him; the victim was injured and treated at a hospital.
- DNA testing confirmed Blanch's semen in the victim's rectum, leading to an indictment for aggravated sodomy, robbery, and aggravated battery.
- Blanch testified the sex was consensual and denied stealing the victim's property; the jury convicted him on all counts.
- The State introduced three similar transactions to show a bent of mind regarding nonconsensual sexual conduct; the victims identified Blanch at trial.
- Blanch filed a motion for new trial; after denial, he appealed arguing evidentiary admissibility, juror for-cause removal, mistrial, and merger of counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar transactions | State contends similarities and relevance outweigh prejudice. | Blanch argues insufficient proof and lack of substantial similarity. | Similar transactions admissible; evidence sufficiently connected and probative. |
| Juror for-cause strike (former police officer) | No error in not removing juror because officer lacked arrest powers. | Should strike due to former law enforcement role. | No error; juror not a sworn officer with arrest powers at trial. |
| Mistrial waiver | Curative instruction insufficient; mistrial should be granted. | Waived by failure to renew after curative step. | Waived; not renewed after curative instruction. |
| Merger of robbery and aggravated battery | Same act supports merging counts. | Robbery and aggravated battery do not merge as proof requirements differ. | Counts did not merge; no merger required. |
Key Cases Cited
- Woods v. State, 304 Ga.App. 403 (2010) (establishes criteria for admitting similar-transaction evidence)
- Pareja v. State, 286 Ga. 117 (2009) (affirmative showing required for similar transactions)
- Enurah v. State, 279 Ga.App. 883 (2006) (sufficient connection needed between acts and charged crimes)
- Morgan v. State, 226 Ga.App. 327 (1997) (permissive use of prior acts where defendant identified as perpetrator)
- Baxter v. State, 160 Ga.App. 181 (1981) (credibility for witnesses is for the jury to decide)
- Ford v. State, 281 Ga.App. 114 (2006) (prior sexual offenses evidence to show propensity)
- Hilliard v. State, 298 Ga.App. 473 (2009) (similar behavior admissible even if one potential outcome prevented by authorities)
- Gresham v. State, 303 Ga.App. 682 (2010) (supports liberal use of similar-transaction evidence)
- Hutcheson v. State, 246 Ga. 13 (1980) (juror challenge for cause requires sworn officer with arrest powers)
- Robinson v. State, 278 Ga. 836 (2005) (juror not a full-time sworn officer may not be excused for cause)
- Prince v. State, 277 Ga. 230 (2003) (for-cause challenge limited to sworn officers with arrest powers)
- Jones v. State, 296 Ga.App. 288 (2009) (reaffirms lack of error when juror lacks arrest powers)
- Clark v. State, 265 Ga.App. 112 (2003) (decision on juror challenge for cause under Hutcheson framework)
- Favors v. State, 306 Ga.App. 168 (2010) (objection-to-mistrial must be renewed if curative action taken)
- Drinkard v. Walker, 281 Ga. 211 (2006) (test for merger involves whether one offense requires a fact the other does not)
- Works v. State, 301 Ga.App. 108 (2009) (merger analysis on overlapping acts)
- Robbins v. State, 293 Ga.App. 584 (2008) (robbery and aggravated battery do not merge when elements differ)
- Williams v. State, 293 Ga.App. 193 (2008) (nonconsensual acts evidence as relevant to lack of consent)