345 Ga. App. 794
Ga. Ct. App.2018Background
- Timothy Dwight Edge lived next to Ms. Storey; after a dispute he became hostile and allegedly surveilled and peered into her home.
- Neighbors observed Edge hiding in bushes, standing on the Storeys’ picnic table and front porch, and staring into windows; Edge denied these accounts.
- Edge was indicted and convicted of one count of peeping Tom; related firearms charges were dismissed.
- After trial, a juror reported that some jurors used cell phones during deliberations to view maps/photos showing distances and sightlines between the houses.
- At the new-trial hearing, three jurors testified that two to three jurors attempted to access this extraneous information, and one juror succeeded and shared an image; that juror did not testify at the hearing.
- The trial court denied the new-trial motion; the Court of Appeals affirmed sufficiency of the evidence but reversed on juror misconduct, finding the State failed to overcome the presumption of prejudice.
Issues
| Issue | Plaintiff's Argument (Edge) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for peeping Tom | Testimony was unreliable and inconsistent; insufficient proof he peered into windows | Witness testimony and observations supported conviction | Evidence was sufficient to support conviction |
| Juror misconduct: extraneous information during deliberations | Cell-phone research/photos about distances/sightlines could have influenced verdict; new trial warranted | Jurors at hearing said misconduct didn’t affect verdict; no prejudice shown | Reversed: reasonable possibility misconduct contributed; State failed to rebut presumption of harm because the juror who accessed the info did not testify |
| Admission of other-acts under OCGA § 24-4-404(b) | Prior hostile acts were character evidence and prejudicial | Prior difficulties were relevant to motive, circumstances, and explain offense | Admission was proper as showing background/prior difficulties; no abuse of discretion |
| Ineffective assistance of counsel | (Raised but not reached at appeal) | (State not addressed on appeal) | Not addressed because reversal on juror misconduct requires retrial |
Key Cases Cited
- Chambers v. State, 321 Ga. App. 512 (recognizing presumption against outside influence on jurors and burden on State to show no harm)
- Hammock v. State, 277 Ga. (Supreme Court authority requiring State to overcome presumption of prejudice from juror misconduct)
- Woodruff v. State, 339 Ga. App. 707 (framework whether juror misconduct is inherently prejudicial or immaterial)
- Satterwhite v. State, 235 Ga. App. 687 (juror introducing extrajudicial evidence equates to unsworn witness against defendant)
- Brown v. State, 275 Ga. App. 281 (juror-accessed MapQuest info held not prejudicial where trial court interrogated jurors and info was cumulative)
- Green v. State, 240 Ga. App. 377 (juror site visit not prejudicial where juror said it didn’t affect verdict and testified accordingly)
- Butler v. State, 270 Ga. 441 (discussed re: juror-misconduct precedent; Supreme Court decision whose continued viability was questioned)
- Palmer v. State, 330 Ga. App. 679 (evidence of prior difficulties admissible where logically connected to charged crime)