Haji v. the State
331 Ga. App. 116
Ga. Ct. App.2015Background
- In 2007 Terrell Haji pleaded guilty to chop shop and theft-by-receiving offenses and received a ten-year probated sentence with condition prohibiting criminal law violations.
- In August 2013 the State filed a petition to revoke Haji’s probation alleging, among other offenses, cruelty to children.
- A revocation hearing was held; the trial court expressly found by a preponderance of the evidence that Haji committed cruelty to children and revoked probation, imposing two years in confinement.
- The underlying factual evidence: Haji repeatedly whipped his daughter (age 4–5) with a belt or stick, locked her in a dark closet where she screamed for release, and physically blocked or shoved family members who tried to intervene.
- Two days before court-ordered visitation at age six the child attempted to hang herself with a belt, was psychiatrically evaluated as urgent, and spent five days in inpatient psychiatric treatment.
- Haji appealed, arguing (1) the written revocation order failed to state the basis for revocation, (2) the court relied on a ground not alleged in the petition, and (3) the evidence was insufficient to authorize revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the written order must state the basis for revocation | Haji: revocation order lacked a stated basis, so reversal required | State: the hearing transcript supplies the required written basis | Court: Transcript and record identify the ground; suffices under Brinson/Henderson principles — no reversal |
| Whether revocation was based on an uncharged ground | Haji: court relied on a ground not alleged in the petition | State: cruelty to children was alleged in the petition and was the basis | Court: Finding was for cruelty to children, which was alleged; revocation proper |
| Whether evidence supported revocation (sufficiency) | Haji: evidence insufficient; discipline defense; credibility disputes | State: testimony and records show repeated physical punishment, confinement, and child psychiatric harm supporting cruelty to children | Court: Evidence supported finding by preponderance that Haji maliciously caused cruel or excessive physical/mental pain; revocation affirmed |
Key Cases Cited
- State v. Brinson, 248 Ga. 380 (discusses requirement that revocation decision be ascertainable in record)
- Henderson v. State, 167 Ga. App. 808 (hearing transcript may supply basis for revocation)
- Smallwood v. State, 163 Ga. App. 140 (transcript can constitute sufficient written record)
- Dillard v. State, 319 Ga. App. 299 (revocation based on uncharged offense requires reversal)
- Sosbee v. State, 155 Ga. App. 196 (same principle)
- Geter v. State, 300 Ga. App. 396 (standard: revocation requires preponderance; court will not reverse absent manifest abuse)
- Brown v. State, 294 Ga. App. 1 (admissible evidence supporting allegations is sufficient for revocation)
- Tabb v. State, 313 Ga. App. 852 (intent for cruelty to children may be inferred from surrounding conduct)
- Sims v. State, 234 Ga. App. 678 (determination of what is "cruel or excessive" is for the factfinder)
- Hopkins v. State, 209 Ga. App. 376 (rejecting “normal discipline” defense where factfinder decides excess)
- Allen v. State, 174 Ga. App. 206 (reasonableness is implicit element of cruelty to children)
- McGahee v. State, 170 Ga. App. 227 (intent and malice may be inferred from consequences; jury question)
- Boatner v. State, 312 Ga. App. 147 (credibility determinations in revocation proceedings are for the trial court)