Carter v. State
320 Ga. App. 454
Ga. Ct. App.2013Background
- Carter appeals the trial court’s denial of his amended motion for a new trial after a jury convicted him on five counts: three counts of child molestation and two counts of aggravated sexual battery.
- The victim, A. W., was 11 at trial; she testified Carter, her mother’s boyfriend, touched her private parts beginning in 2009, with a notable last incident in May 2010.
- A. W. described multiple incidents at both Carter’s home and her mother’s home; she reported the conduct to her father, grandmother, and a forensic interviewer, whose interview was admitted at trial.
- The State asserted venue; however, it failed to prove venue for Counts I–IV beyond the last-incident occurrence, notably not establishing all locations within the same county.
- The court affirmed the conviction on Count V (the last incident) but reversed Counts I–IV for lack of venue; retrial was allowed for those counts, while Count V remained affirmed.
- The court also addressed the admissibility and qualification of the forensic interviewer as an expert and discussed ineffective-assistance-of-counsel claims related to failure to call an expert and failure to object to certain testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proof for Counts I–IV was inadequate | Carter | State | Counts I–IV reversed for lack of venue |
| Sufficiency of evidence for the charged offenses | A. W.’s testimony suffices to prove elements | Testimony insufficient without corroboration | Evidence sufficient for Count V; insufficient for I–IV due to venue; retrial possible for I–IV |
| Qualification of the forensic interviewer as an expert | Kouns lacked proper qualifications | Her experience suffices | No abuse of discretion; Kouns qualified as expert |
| Ineffective assistance of counsel | Counsel erred by not calling an expert and by not objecting to Kouns’ testimony | Strategic choices and lack of prejudice shown | Claims rejected; no deficient performance shown; conviction affirmed in part, reversed in part |
Key Cases Cited
- Knight v. State, 311 Ga. App. 367 (Ga. Ct. App. 2011) (sufficiency of evidence standard; single witness admissible for certain crimes)
- Graham v. State, 275 Ga. 290 (Ga. 2002) (proof of venue requires county connection beyond city boundaries)
- Mock v. State, 306 Ga. App. 93 (Ga. Ct. App. 2010) (investigating officers’ county employment not conclusive venue proof)
- Powers v. State, 309 Ga. App. 262 (Ga. Ct. App. 2011) (venue proof limitations; city within county not enough)
- Canty v. State, 318 Ga. App. 13 (Ga. Ct. App. 2012) (limits on lay witness opinion regarding witness credibility)