Brown v. the State
336 Ga. App. 428
Ga. Ct. App.2016Background
- Victim, who lived with defendant Michael Brown and family starting around age 10–11, testified Brown sexually abused her from approximately age 11 to 15–16 (fondling, oral sex, digital penetration, later intercourse).
- Victim left home in 2010 and disclosed abuse to friends in 2011; disclosed to guardian Coll in October 2012, leading to police investigation, a recorded forensic interview, and a SANE exam.
- Brown was charged with aggravated child molestation, aggravated sexual battery, and child molestation; jury convicted on all counts after trial.
- At trial the parties agreed to have the investigating detective testify before the victim; over Brown’s hearsay objection the detective related the victim’s statements from the recorded interview.
- Other witnesses (two friends, Coll, the SANE) also testified about the victim’s prior statements; the victim testified last. Brown moved for new trial, claiming insufficient evidence, improper admission of prior consistent statements, and ineffective assistance for counsel’s failure to object to such testimony. Court affirmed conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | State: testimony and corroborating evidence sufficient for conviction | Brown: evidence insufficient to prove crimes beyond reasonable doubt | Guilty verdict supported; evidence sufficient under Jackson standard |
| Admissibility of detective’s testimony repeating victim’s forensic interview | State: prior consistent statements admissible once credibility placed in issue | Brown: detective’s testimony was hearsay/prior consistent statement improperly bolstering victim | Majority: Brown waived this specific objection at trial (heard as hearsay only); concurrence: objection was made; even if error, admission was harmless |
| Admissibility of out‑of‑court statements to lay witnesses (friends, Coll) | State: statements admissible under Child Hearsay Statute (child <16 when statements made) | Brown: such testimony was prior consistent statements improperly bolstering victim | Statements admissible under OCGA §24‑8‑820; counsel not ineffective for failing to object (objection would be futile) |
| Ineffective assistance for failure to object to SANE and other witnesses repeating victim’s statements | Brown: counsel deficient for not objecting, likely changed outcome | State: counsel’s choices were strategic; prior objections failed; objections would be futile or tactical | Court: strong presumption of effective counsel; trial strategy reasonable; no ineffective assistance shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Mullis v. State, 292 Ga. App. 218 (discussing appellate review standard)
- Prudhomme v. State, 285 Ga. App. 662 (testimony of single witness may suffice)
- Paul v. State, 331 Ga. App. 560 (argument waived if not raised at trial)
- Moore v. State, 280 Ga. App. 894 (objection on hearsay only waives bolstering claim)
- Flewelling v. State, 300 Ga. App. 505 (standard for ineffective assistance claim)
- Towry v. State, 304 Ga. App. 139 (failure to pursue futile objection not deficient performance)
- Robbins v. State, 290 Ga. App. 323 (same principle on futile objections)
- Darden v. State, 206 Ga. App. 400 (child hearsay admissibility depends on age when statement made)
- Evans v. State, 288 Ga. App. 103 (trial tactics govern objection decisions)
- Abernathy v. State, 299 Ga. App. 897 (deference to strategic trial decisions)
- Arnold v. State, 305 Ga. App. 45 (harmlessness test for erroneously admitted prior consistent statements)
- Kiser v. State, 327 Ga. App. 17 (cumulative unchallenged evidence can render error harmless)
- Neuman v. State, 297 Ga. 501 (preservation of appellate issues when ruled on at trial)