Foster v. State
299 Ga. 691
| Ga. | 2016Background
- Foster lived with his girlfriend April Lewis and her 15‑month‑old son Malcolm; Malcolm was left in Foster’s care on Aug. 16, 2002.
- Foster later took Malcolm to a neighbor claiming the child had stopped breathing after Foster left him alone in a bathtub; Malcolm was not wet and was unresponsive when help arrived.
- Emergency personnel and hospital staff observed multiple contusions and injuries inconsistent with drowning; Malcolm could not be revived.
- Autopsy by GBI medical examiner Dr. Anthony Clark showed subdural hematoma, multiple retinal hemorrhages, extensive abdominal bleeding likely from a punch, fresh and healing liver injuries, rib fractures, and bruises consistent with knuckle or grip marks; death ruled due to closed head trauma and blunt force chest/abdominal injuries occurring minutes before breathing stopped.
- Foster was convicted by a jury of felony murder (predicated on first‑degree cruelty to children) and first‑degree cruelty to children; sentenced to life imprisonment; cruelty count merged for sentencing. Post‑trial motions and an amended motion for new trial were denied; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Foster argued evidence was insufficient to prove he caused Malcolm’s fatal injuries | State argued medical and circumstantial evidence showed Foster inflicted fatal blunt force and head trauma | Affirmed—viewed in light most favorable to jury, evidence sufficient under Jackson v. Virginia |
| Denial of continuance to obtain independent expert | Foster argued trial court erred in refusing continuance to secure an independent expert to challenge autopsy findings | State argued Foster abandoned the motion at trial and failed to show who the expert would be or what testimony would prove | Affirmed—Foster abandoned the motion at trial; alternatively, no abuse of discretion because Foster made no showing as to proposed expert or expected testimony |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Coats v. State, 303 Ga. App. 818 (defendant who abandons motion at trial cannot claim error on appeal)
- Bandy v. Henderson, 284 Ga. 692 (trial court’s continuance decisions reviewed for abuse of discretion)
- Strickland v. State, 212 Ga. App. 170 (continuance denial proper where defendant fails to identify proposed expert or expected testimony)