Butler v. State
311 Ga. App. 873
| Ga. Ct. App. | 2011Background
- Butler appeals the trial court's admission of similar-transaction evidence (2011 interlocutory appeal).
- The state sought to admit 2005 online-predatory offenses to show motive, intent, identity, and bent of mind for the 2008 charges against Butler’s four-year-old daughter.
- Butler pleaded guilty to two counts of violation of the Computer or Electronic Pornography and Child Exploitation Prevention Act in 2005; the 2008 charges include aggravated sexual battery, aggravated child molestation, and child molestation against the same child.
- A hearing under Uniform Superior Court Rule 31.3(B) required three affirmative showings for admission of independent offenses.
- The trial court found the first showing (proper purpose) and the second showing (sufficient evidence) but concluded the third showing (sufficient similarity) was met, so the evidence was admitted.
- On review, the Georgia Court of Appeals applied the abuse-of-discretion standard, focusing on similarity, and affirmed admission and the overall judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the independent offenses sufficiently similar to the charged crimes? | Butler argues insufficient similarity between independent offenses and charged crimes. | State argues there is sufficient logical similarity to show lustful disposition toward female children. | Yes; there is sufficient similarity to admit the evidence. |
| Does the probative value of the similar-transaction evidence outweigh its prejudicial effect? | Butler contends prejudice outweighs probative value. | State contends the trial court implicitly found probative value outweighed prejudice by admitting the evidence. | No reversible error; probative value outweighed by relevance. |
Key Cases Cited
- Susan v. State, 254 Ga.App. 276 (2002) (relevance of similarities in sexual-offense evidence)
- Payne v. State, 285 Ga. 137 (2009) (similarity doctrine in sexual offenses; prior acts may be admissible)
- Sears v. State, 182 Ga.App. 480 (1987) (admission of similar incidents showing lustful disposition)
- Hostetler v. State, 261 Ga.App. 237 (2003) (similar transactions need not be identical)
- Oller v. State, 187 Ga.App. 818 (1988) (sexual abuse of children demonstrates sufficient similarity)
- Washington v. State, 286 Ga.App. 268 (2007) (prior similar acts may prove lustful disposition)
- Spradling v. State, 310 Ga.App. 337 (2011) (context for similar-transaction evidence in sexual offenses)
- Farley v. State, 265 Ga. 622 (1995) (probative value weighing in similar-transaction evidence)
- Herring v. State, 288 Ga.App. 169 (2007) (framework for reviewing similarity and admissibility)