Brooks v. State
313 Ga. App. 789
Ga. Ct. App.2012Background
- Brooks and the victim dated since 2003; a 2005 domestic battery plea occurred.
- They reconciled and married in 2006, but ongoing verbal disputes led the victim to move out.
- The victim obtained a temporary protective order served on Brooks July 29, 2009.
- Brooks continued contacting the victim after the order, including a July 30 call and August 2009 calls.
- Brooks was arrested for violations; released December 4, 2009 with bond conditions prohibiting contact.
- Between December 2009 and January 2010 Brooks made repeated calls and February 2010 sent 14 text messages; victim feared for safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated stalking | Brooks did contact in violation and pattern shows harassment | No proof of harassment or intent; contact disputed | Evidence sufficient; pattern and contacts support conviction |
| Admission of/limitation on defense witnesses | DFACS testimony relevant to victim's motive and veracity | Testimony would aid defense; court erred in limiting | No error; trial court properly limited irrelevant testimony and cumulative evidence |
| Failure to instruct on lesser included offenses | Lesser offenses should be charged if evidence supports them | No evidence supports lesser offenses; complete offenses proven or none | No error; jury charge on lesser offenses not required where complete offense proven or none |
Key Cases Cited
- Hargrove v. State, 289 Ga.App. 363, 657 S.E.2d 282 (2008) (directed verdict standard mirrors sufficiency review; credibility for jury)
- Louisyr v. State, 307 Ga.App. 724, 706 S.E.2d 114 (2011) (pattern of harassing and intimidating behavior may be shown by prior threats)
- Hervey v. State, 308 Ga.App. 290, 707 S.E.2d 189 (2011) (repeated threats can establish a pattern supporting aggravated stalking)
- Davidson v. State, 295 Ga.App. 702, 673 S.E.2d 91 (2009) (conduct preceding probation or protective orders can show harassment)
- Placanica v. State, 303 Ga.App. 302, 693 S.E.2d 571 (2010) (harsh or explicit threats not required for stalking conviction)
- Patterson v. State, 284 Ga.App. 780, 645 S.E.2d 38 (2007) (evidence supports lesser included offenses only if evidenced)
- Bearfield v. State, 305 Ga.App. 37, 699 S.E.2d 363 (2010) (cumulative evidence may render exclusion harmless)
- Mosier v. State, 218 Ga.App. 586, 462 S.E.2d 643 (1995) (trial court's evidentiary rulings reviewed for relevance)