Canty v. State
318 Ga. App. 13
Ga. Ct. App.2012Background
- Canty was convicted after a jury trial of child molestation and aggravated sexual battery.
- Canty’s appeal followed denials of his motions for new trial and offered two challenges to trial evidence.
- T. M. was four years old when left alone with Canty; he bathed her, applied lotion, and digitally penetrated her.
- Forensic interviewers Whitmore and Reese-Anderson testified about T. M.’s disclosures and typical abuse behaviors.
- The State introduced child abuse accommodation syndrome testimony and comments; Canty challenged it as improper opinion evidence.
- Canty also challenged bolstering testimony regarding the ultimate issue of guilt; the court affirmed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of child abuse accommodation syndrome evidence | Canty | State | No reversible error; allowed as explanatory, not ultimate-issue evidence. |
| Bolstering witness testimony on guilt | Canty | State | No error; testimony did not invade jury’s province. |
Key Cases Cited
- Bunn v. State, 307 Ga. App. 381 (2010) (recognizes limits on expert testimony re credibility/abuse indicators)
- Pointer v. State, 299 Ga. App. 249 (2009) (limits on expert opinion about deception indicators)
- Allison v. State, 256 Ga. 851 (1987) (limits on ultimate-issue testimony by experts)
- Hafez v. State, 290 Ga. App. 800 (2008) (admissibility of expert testimony regarding abuse indicators)
- Knight v. State, 207 Ga. App. 846 (1993) (limits on expert testimony about credibility)
- Towry v. State, 304 Ga. App. 139 (2010) (inquiry into deception indicators does not prove credibility)
- Vaughn v. State, 307 Ga. App. 754 (2011) (admissibility of specific testimony about deception indicators)
- Roberts v. State, 313 Ga. App. 849 (2012) (contextualizes admissibility of expert testimony on abuse)