Carter v. State, 321 Ga. App. 877

Five-year-old L.C. disclosed to school counselor that Carter touched her inappropriately; disclosure led to DFCS investigation and interviews.
A second interview was conducted due to recording issues; L.C. initially recanted but then reaffirmed her allegations.
Sexual assault nurse examiner found healed tears in L.C.’s anus; examiner testified they were consistent with penetration by an object larger than a finger.
Carter was charged with five counts; jury convicted on four counts; trial court denied motion for new trial.
Appellate challenge accompanies three issues: admissibility of ultimate-issue testimony, bolstering, and sufficiency of evidence for counts involving anal contact.
Appellate standard: sufficiency view is that any rational trier of fact could find elements beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ultimate-issue testimony admissibility	Carter says lay witnesses testified on ultimate issue	Waived objection; no trial objection	No reversible error; waiver; plain error review not available
Bolstering of witnesses' credibility	Testimony about intelligence and nurse’s competence bolstered credibility	No objection at trial; plain error review not applicable	No basis for reversal; not preserved error
Sufficiency of the evidence for counts with anal contact	Evidence insufficient to prove penetration	Evidence showed touching/penetration; sufficient	Sufficient evidence; rational trier of fact could find guilt beyond reasonable doubt

Sanchez v. State, 285 Ga. 749 (Ga. 2009) (review standard for evidentiary issues; longstanding Georgia precedent)
Durham v. State, 292 Ga. 239 (Ga. 2012) (plain error review limitations cited in context of evidence)
Jackson v. State, 292 Ga. 685 (Ga. 2013) (discussion of evidentiary error and preserved vs. unpreserved issues)
Short v. State, 234 Ga. App. 633 (Ga. App. 1998) (general evidentiary objection principles)