Chambers v. State
308 Ga. App. 748
| Ga. Ct. App. | 2011Background
- Chambers was found guilty of aggravated assault under OCGA § 16-5-21(a)(2) based on choking the victim.
- The victim and Chambers dated beginning July 2007; a October 15 argument at a hotel included Chambers kicking the victim.
- On October 21, 2007, another altercation occurred; Chambers allegedly choked the victim, attempted to defend himself, and she was beaten and hospitalized after further blows.
- The indictment charged assault by choking with his hands and a threat to kill the victim.
- Chambers sought broad cross-examination to support a justification defense, including the victim’s relationship status and prior conduct; the court limited this cross-examination.
- Chambers requested a jury instruction on reckless conduct as a lesser included offense; the court denied the instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cross-examination limitation violated rights | Chambers: proper cross-exam needed to show justification. | State: limit was appropriate; victim's character rarely relevant. | No reversible error; limitation not abuse of discretion. |
| Whether reckless conduct should be charged as lesser included offense | Chambers: reckless conduct supported by close similarity to assault. | State: no evidence of negligence; conduct was intentional. | No error; no evidentiary basis for reckless conduct instruction. |
Key Cases Cited
- Gaines v. State, 285 Ga.App. 654 (2007) (trial court may limit cross-examination to material issues)
- Kolokouris v. State, 271 Ga. 597 (1999) (Confrontation Clause limits on cross-examination)
- Smiley v. State, 271 Ga. 734 (1999) (excluded evidence not admissible to prove violence by victim)
- Watkins v. State, 264 Ga. 657 (1994) (evidence must support justification principles)
- Hewitt v. State, 277 Ga. 327 (2003) (victim's reputation or specific acts may be admissible to support self-defense)
- Stobbart v. State, 272 Ga. 608 (2000) (requirements for admissibility of prior acts of violence)
- Woods v. State, 269 Ga. 60 (1998) (victim's violence evidence considerations)
- Heyward v. State, 278 Ga. 342 (2004) (no entitlement to lesser included offense instructions without evidentiary support)