Downer v. State
310 Ga. App. 136
| Ga. Ct. App. | 2011Background
- Four-year-old F.D. and six-year-old E.D. testified that Downer, their grandfather, molested them at his home; F.D. described pants being pulled down and touching her genital area, plus being forced to touch Downer’s penis; E.D. testified to touching her genital area.
- The victims’ mother testified that F.D. disclosed touching and that Downer told her to stay quiet; E.D. also disclosed touching; disclosures occurred about two to three weeks after the events.
- A.G., Downer’s stepdaughter, testified that Downer made incriminating statements and that he admitted lying in bed with F.D.’s hand on his penis; A.G. testified to prior molestation by Downer of her when she was eight or nine.
- The State introduced similar transaction evidence through A.G., showing Downer’s prior molestation of a family member to corroborate the victims’ testimony.
- Downer was convicted on three counts of child molestation; he challenged sufficiency of the evidence, admissibility of similar transaction evidence, and ineffective assistance of counsel, all of which the Court rejected on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | Downer argues inconsistent victim testimony undermines guilt | State contends uncorroborated child testimony suffices | Sufficient evidence to support guilt beyond reasonable doubt |
| Admissibility of similar transaction evidence | State failed to show substantial similarity or relevance | Similarity shown; admissible to show bent of mind and pattern | Admissible; no abuse of discretion |
| Ineffective assistance of counsel | Counsel failed to call STAR witness and prepare adequately | Strategic decisions and preparedness supported effectiveness | No ineffective assistance; trial strategy reasonable |
Key Cases Cited
- Williams v. State, 284 Ga.3d 255, 643 S.E.2d 749 (2007) (Ga. 2007) (sexual offenses show sufficient similarity for similar-transaction evidence)
- Pareja v. State, 286 Ga.117, 686 S.E.2d 232 (2009) (Ga. 2009) (three-prong test for similar-transaction admissibility)
- Sarratt v. State, 299 Ga.App.568, 683 S.E.2d 10 (2009) (Ga. App. 2009) (credibility and admissibility considerations for similar transactions)
- Boileau v. State, 285 Ga.App.221, 645 S.E.2d 577 (2007) (Ga. App. 2007) (broader admissibility of similar-transaction evidence in sex offenses)
- Henderson v. State, 303 Ga.App.531, 694 S.E.2d 185 (2010) (Ga. App. 2010) (pattern of abuse admissibility across generations)