Coleman v. State
308 Ga. App. 731
Ga. Ct. App.2011Background
- Brent and Jennifer Coleman were convicted of cruelty to children in the first degree based on D. C.’s severe malnutrition.
- Pediatric and intensive care testimony described D. C. as emaciated, with hypoxia, dehydration, and cachexia, indicating sustained neglect.
- Evidence included the Coleman home conditions, weight loss, and a can of baby formula with missing formula, presented by investigators.
- The Colemans presented witnesses denying willful denial of sustenance and described feeding routines and concerns about constipation.
- A DFACS investigator testified, on redirect, that D. C. had been in foster care for a time, which the defense moved to mistrial over; the court denied mistrial.
- Upon appeal, the court reversed on the mistrial issue, finding prejudicial error, and also considered but limited the marijuana-evidence issue for retrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for directed verdict | Colemans contend evidence insufficient to sustain conviction. | State asserts evidence supports guilt beyond reasonable doubt. | No error; evidence sufficient for a reasonable jury to convict. |
| Mistrial denial after foster-care testimony | Statement that D. C. had been in foster care prejudiced the jury. | Trial court adequately exercised discretion; curative measures available. | Abused discretion; mistrial granted for fair trial concerns; new trial required. |
| Admission of marijuana purchase/use evidence | Marijuana evidence relevant to rebut poverty claim and explain conduct. | Evidence admissible to show credibility/poverty context. | Reversible error to admit extensive marijuana evidence; limited admissibility as res gestae only for near-crime timeframe; overall reversal warranted. |
Key Cases Cited
- Copeland v. State, 263 Ga. App. 776 (Ga. App. 2003) (sufficiency/credibility underjury questions; jury resolves intent)
- Knight v. State, 233 Ga. App. 819 (Ga. App. 1998) (directed verdict and whether evidence supports guilt)
- Allen v. State, 278 Ga. App. 292 (Ga. App. 2006) (circumstantial evidence and direct medical testimony interplay)
- Jackson v. State, 302 Ga. App. 412 (Ga. App. 2010) (prejudice from improper testimony; curative instructions considered)
- Crosby v. State, 269 Ga. 434 (Ga. 1998) (prejudicial character evidence; limits on admissibility)
- Plessy v. State, 260 Ga. 96 (Ga. 1990) (res gestae admissibility of drug-use evidence)