Futch v. State
316 Ga. App. 376
Ga. Ct. App.2012Background
- Futch was convicted after a bench trial of battery (family violence-first offense) and influencing a witness for threatening his wife not to testify.
- The incidents centered on December 23, 2007 in Walmart during which Futch allegedly placed a hand on his wife’s neck and menaced her, leading to the battery charge.
- The couple, married ~5 years and then estranged, shared a two-year-old daughter; the wife sought to recover the child.
- Prior to trial, Futch allegedly committed additional domestic-violence acts in 2005, 2006, and 2008, which the court admitted as prior/subsequent bad acts against the wife.
- The trial judge stated that about half of the wife’s testimony was a lie, yet found both charged offenses proved beyond a reasonable doubt.
- On appeal, this Court reversed the battery conviction but affirmed the influencing-witness conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for family-violence battery | Futch argues the neck-touch evidence is not substantial/visible bodily harm. | State contends the harm supported battery under OCGA 16-5-23.1(a). | Battery reversed; insufficient evidence of substantial/visible harm. |
| Admissibility of prior/subsequent bad acts | Futch asserts improper balancing test was required for admissibility. | State asserts Wall precedent allows such evidence without explicit balancing. | No explicit balancing test required; trial court did not abuse discretion. |
| Influencing a witness conviction | Float of credibility issue; wife’s testimony alone cannot sustain conviction due to alleged lies. | Testimony of a single witness can sustain guilt; credibility is for the trier of fact. | Influencing a witness affirmed; sufficient evidence of deterrence and communication of a threat. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. 1979) (standard of review for sufficiency of evidence in federal constitutional context)
- Cox v. State, 243 Ga. App. 582 (Ga. App. 2000) (battery sufficiency framework; evidence of visible/harmful injuries)
- Buice v. State, 281 Ga. App. 595 (Ga. App. 2006) (prior difficulties evidence supporting related-relationship inference)
- Hayes v. State, 275 Ga. 173 (Ga. 2002) (admissibility of prior bad acts to support related convictions)