Grier v. the State
339 Ga. App. 778
| Ga. Ct. App. | 2016Background
- Defendant Rafer Grier, a middle‑school Spanish teacher, was convicted of four counts of aggravated child molestation and statutory rape for sexual acts with a 14‑year‑old foster child that occurred at school and elsewhere between January–April 2008.
- Defense sought the victim’s DFACS (child welfare) records by subpoena but directed them to counsel’s office rather than requesting the statutorily required in‑camera inspection; counsel never reviewed the files pretrial.
- Trial court and later the trial court on motion for new trial conducted an in‑camera review of the DFACS file and found no exculpatory material; defendant appealed claiming discovery/Brady violations and ineffective assistance.
- Additional claims on appeal: counsel ineffective for various failures relating to DFACS records and Powell precedent; constitutional challenge to sodomy statute and sentencing disparities; trial court’s admission of defendant’s statement referencing past false accusations.
- Court of Appeals reviewed procedural and substantive issues and affirmed the convictions.
Issues
| Issue | Grier’s Argument | State’s Argument | Held |
|---|---|---|---|
| Access to DFACS records / discovery | OCGA §17‑16‑1 and reciprocal discovery entitle him to DFACS files and they contained exculpatory evidence | Reciprocal discovery does not override DFACS confidentiality statutes; defendant failed to follow OCGA §49‑5‑41 in‑camera procedure | Denied: reciprocal discovery does not independently authorize DFACS disclosure; defendant failed to show material, favorable evidence was withheld |
| Brady / in‑camera review | Due process/Brady required disclosure of exculpatory DFACS material regardless of duplication | In‑camera inspection satisfies Brady; defendant must show materiality and favorable nature on appeal | Denied: defendant failed to show a reasonable probability of different outcome; in‑camera review adequate |
| Ineffective assistance re: DFACS records & expert testimony | Counsel deficient for not subpoenaing correctly, not moving under reciprocal discovery, not objecting when State’s expert referenced records | Some claims waived for not raised at new‑trial hearing; meritless legal arguments and no demonstrated prejudice | Denied: many claims waived; others nonmeritorious or not shown to prejudice outcome |
| Sodomy statute vagueness / lesser included offense | OCGA §16‑6‑2 is vague post‑Powell; should have been treated as lesser offense or unconstitutional | Constitutional challenges belong to Supreme Court; issue not timely raised; Powell does not preclude child‑molestation statutes | Denied: appellate court lacks jurisdiction to decide constitutional challenge; claim waived; novel legal theory not ineffective assistance |
| Admission of defendant’s statement (prior false accusations) | Statement was inadmissible prior‑bad‑act evidence and prejudicial | Statement was admissible as defendant’s own admission/against interest; even if error, harmless given overwhelming evidence | Denied: admission not reversible under highly probable/harmless error standard |
| Equal protection / sentencing disparity | Disparate sentences between sodomy and aggravated child molestation violate equal protection and are cruel and unusual | Powell does not immunize child sexual conduct; statutes are rationally related to legitimate state interest; defendant charged appropriately | Denied: no valid equal‑protection or Eighth Amendment showing; statute applicable and sentencing within legislative range |
Key Cases Cited
- Davis v. State, 275 Ga. App. 714 (trial‑standard for viewing evidence) (explaining sufficiency standard)
- Davidson v. State, 183 Ga. App. 557 (in‑camera inspection of DFACS records satisfies balancing/Brady concerns)
- Horne v. State, 192 Ga. App. 528 (reciprocal discovery does not provide independent basis to obtain DFACS files)
- Young v. State, 290 Ga. 441 (materiality standard for Brady: reasonable probability of different outcome)
- Powell v. State, 270 Ga. 327 (limiting sodomy criminalization; discussed re: impact on sodomy/aggravated child molestation)
- Pruitt v. State, 282 Ga. 30 (ineffective assistance standard)
- Odett v. State, 273 Ga. 353 (equal‑protection review of aggravated child‑molestation statute meets rational‑basis)
- Jones v. State, 325 Ga. App. 845 (presumption that legislatively authorized sentence does not violate Eighth Amendment)