Eubanks v. the State
332 Ga. App. 568
Ga. Ct. App.2015Background
- Eubanks convicted of child molestation; prior acts of molestation admitted at trial under OCGA 24-4-414(a).
- Evidence showed prior molestation against a niece many years earlier, with similar timing and method to the charged offense.
- Trial court permitted the prior acts despite defense objections; jury given limiting instruction.
- Defense challenged (1) admissibility under 24-4-414(a) vs 24-4-403, (2) jury charge on disposition, (3) sufficiency of intent evidence.
- Court held the evidence properly admitted, the charge proper, and the evidence sufficient to prove intent.
- Judgment affirmed on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior acts under 24-4-414(a) | Eubanks argues 403 outweighs value; probative value low | State asserts admissibility under 24-4-414(a) with probative value | Admissible; no abuse of discretion |
| Jury instruction about disposition to commit molestation | Charge invites improper character inference | New Evidence Code allows disposition evidence in this context | Charge correct; no reversal warranted |
| Sufficiency of proof on intent to arouse/satisfy sexual desires | Evidence insufficient to show intent beyond reasonable doubt | Evidence showed disposition and concealment supporting intent | Evidence sufficient; reasonable juror could find intent beyond reasonable doubt |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (2004) (standard of review for evidentiary rulings; 403/404 balance, abuse of discretion)
- Franklin v. State, 295 Ga. 204 (2014) (context on admissibility of prior acts in Molestation cases)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence review)
- Amey v. State, 331 Ga. App. 244 (2015) (guidance on 24-4-414(a) interpretation)
- Dean v. State, 321 Ga. App. 731 (2013) (historical approach to similar transactions in sexual offenses)
- Chapman v. State, 318 Ga. App. 514 (2012) (similar transactions admissible to show bent of mind in sex offenses)
- Hunter v. State, 194 Ga. App. 711 (1990) (evidence of molestation showing intent to commit offense)
- Parrott v. State, 318 Ga. App. 545 (2012) (intent/inference standards in sexual-offense trials)
- United States v. Perez, 443 F.3d 772 (11th Cir. 2006) (factors for evaluating 403-like balancing in evidence)
- United States v. Levinson, 504 F. App’x 824 (11th Cir. 2013) (application of evidence rules in sex-offense prosecutions)