Dean v. State
321 Ga. App. 731
Ga. Ct. App.2013Background
- Dean appeals from two counts of child molestation; trial admitted similar transaction evidence and denied impeachment for a prior false allegation by the victim.
- Victim and siblings were adopted from Guatemala when the victim was 13; at 15 Dean allegedly entered her room and touched her genitals, and in another incident wore a towel and exposed himself in the bathroom, with the victim recounting the events as isolated acts.
- Evidence included similar acts involving the victim’s older sister, including kissing and sexual touching; the older sister denied the misconduct in later testimony.
- Similar acts involving 12-year-old twins in June 1984 were presented; Dean was 14, one twin testified to touching and restraint, the other to touching; no documentary evidence was produced.
- The court applied the Williams three-prong test and determined the similar-transaction evidence was admissible; it weighed remote-time considerations under Pareja and related authorities.
- The court also held that a prior false murder allegation by the victim could not be used to impeach her, as it did not fall within the Smith exception for false sexual allegations against a sexual offense victim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar transaction evidence | Dean argues the similar acts were insufficiently proven. | State contends similarities and probative value satisfy Williams three prongs. | Admissible under Williams three-prong test. |
| Impeachment of victim with prior false accusation | Dean sought to prove false murder allegation by victim to attack credibility. | State argues Smith exception for false sexual allegations applies. | Exclusion affirmed; Smith exception not applicable. |
Key Cases Cited
- Williams v. State, 261 Ga. 640 (1991) (three-prong test for admissibility of similar transactions)
- Ware v. State, 297 Ga. App. 400 (2009) (focus on similarities, not differences, in similar transaction evidence)
- Reed v. State, 291 Ga. 10 (2012) (clearly erroneous standard for trial court findings on Williams test)
- Pareja v. State, 286 Ga. 117 (2009) (consideration of remoteness and youth in similar-transaction admissibility)
- Maynard v. State, 282 Ga. App. 598 (2006) (juvenile age considered for lustful disposition evidence in sexual offenses)
- Smith v. State, 259 Ga. 135 (1989) (victim’s prior false allegations of sexual misconduct admissible in sex-offense cases)