Fuller v. State
313 Ga. App. 759
Ga. Ct. App.2012Background
- In May 2005, a 12-year-old victim was assaulted by her stepfather's brother, Charles Fuller, with the stepfather James Fuller also participating.
- Charles was charged with rape and aggravated child molestation; Charles alone was charged with child molestation for genital touching; a jury found Charles guilty of the lesser included offense of child molestation as to Count 1 and aggravated child molestation as to Count 2, with acquittal on Count 3.
- Fuller moved for mistrial after a juror approached and spoke with the victim during a lunch break; the trial court denied the mistrial request.
- The State rested, a lunch break occurred, and juror misconduct potential arose; the court did not fully investigate the juror’s contact or the victim’s reaction.
- Georgia law requires jurors to be questioned about opinions or biases; improper juror contact can mandate mistrial if prejudice is shown; several prior cases discuss when rehabilitation is insufficient.
- The court reversed the judgment and ordered a new trial on the grounds that the trial court abused its discretion by denying mistrial due to juror misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juror misconduct requires mistrial under due process. | Fuller; misconduct harmed due process and precluded fair trial. | State; juror contact was minimal and curable by instructions. | Yes; mistrial required; abuse of discretion established. |
| Whether evidence supports Fuller’s convictions for child molestation and aggravated child molestation. | Record evidence sustains convictions beyond reasonable doubt. | Challenged on sufficiency of evidence. | Yes; evidence sufficient under OCGA 16-6-4. |
Key Cases Cited
- Shaw v. State, 83 Ga. 92 (1889) (isolation of jury after empanelment; outside influence barred)
- Golden v. State, 63 Ga.App. 765 (1940) (victim's contact with juror warrants mistrial despite absence of trial court awareness)
- Lamons v. State, 255 Ga. 511 (1986) (new trial when juror had confidential relationship with witness and discussed case outside)
- Hendricks v. State, 108 Ga.App. 259 (1963) (grants mistrial when juror-lunch with witness indicates influence)
- Mullins v. State, 241 Ga.App. 553 (1999) (reversal where deliberating juror echoed acquaintance’s guilt bias)
- Jones v. State, 282 Ga.47 (2007) (presumption of prejudice requires showing juror misconduct harmed due process)
- Holcomb v. State, 268 Ga. 100 (1997) (state bears burden to show no prejudice where irregular juror conduct)
- Kim v. Walls, 275 Ga.177 (2002) (rehabilitation alone insufficient when juror biased or prejudiced)
- Ivey v. State, 258 Ga.App. 587 (2002) (excessive questioning to determine impartiality not permissible)
- Turpin v. Todd, 268 Ga. 820 (1997) (due process concerns when communications to jury occur outside defendant’s presence)