Harris v. the State
333 Ga. App. 118
Ga. Ct. App.2015Background
- Harris was convicted of child molestation and enticing a child for indecent purposes in Georgia.
- The State introduced evidence that Harris is K. H.'s biological father and that K. H. lived with Harris in Clayton County beginning in 2010.
- Harris pled guilty in March 2011 to two counts of child molestation; he became a registered sex offender and moved his family to a second Clayton County residence in September 2011.
- K. H. testified that Harris entered her bedroom in early mornings and directed her to massage his back and then his genitals, involving buttocks and circular movements for about 20 minutes per incident.
- In April 2012, during spring break, Harris allegedly had K. H. sit on him again and observed a hard penis and a white substance on her shorts.
- On rebuttal, the State introduced testimony from the aunt of a prior victim alleging Harris had sex with her when she was 14, after Harris testified about the prior incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for both counts | Harris argues the evidence does not prove the elements. | The State contends there was enough evidence, including asportation. | Sufficient evidence supported both convictions. |
| Rebuttal witness admissibility | Rebuttal testimony was improper because Harris opened the door. | State properly impeached with rebuttal to counter Harris's testimony. | Court did not abuse discretion; rebuttal properly admitted. |
| Asportation jury instruction | Instruction on asportation was erroneous/undesired. | Instruction correctly stated law. | No plain error; instruction was proper. |
| Ineffective assistance of counsel | Counsel failed to advise on testifying and to obtain records. | Any deficiencies did not prejudice outcome; strategic decisions noted. | No deficient performance establishing prejudice; Strickland claim rejected. |
Key Cases Cited
- Hayes v. State, 292 Ga. 506 (Ga. 2013) (standard for sufficiency review on appeal)
- Madison v. State, 329 Ga. App. 856 (Ga. App. 2014) (sufficiency and asportation elements in enticing a child case)
- Whorton v. State, 318 Ga. App. 885 (Ga. App. 2012) (enticing a child includes asportation; any asportation suffices)
- Lowther v. State, 263 Ga. App. 282 (Ga. App. 2003) (venue proof and related evidentiary considerations)
- Brown v. State, 300 Ga. App. 359 (Ga. App. 2009) (impeachment by prior misconduct; discretion in admitting rebuttal)