Harris v. the State
338 Ga. App. 778
| Ga. Ct. App. | 2016Background
- In Aug. 2012 Brandon Harris was tried for aggravated sodomy, aggravated sexual battery, and family violence battery; jury convicted him only of family violence battery and acquitted him of the sexual charges.
- The victim (a 20-year-old woman living in her aunt’s house) testified Harris forced sexual contact, grabbed her genitals, attempted to force oral sex, struck her in the face, and she fled and called police; photographs showed facial injuries.
- Before trial the State gave notice it would introduce Harris’s 2009 guilty pleas for family violence battery against his then-wife and misdemeanor battery against her sister as other-acts evidence.
- The State sought admission of the 2009 incidents to show motive: that Harris uses physical violence to control women who deny him what he wants.
- The trial court admitted the other-acts evidence with limiting instructions; both prior victims testified at trial. Harris moved for a new trial arguing the evidence was irrelevant to motive and unfairly prejudicial; the motion was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of "other acts" evidence to prove motive under OCGA § 24-4-404(b) | State: prior incidents show a pattern of using violence to force compliance, making motive probative | Harris: prior acts are character propensity evidence, not relevant to motive here | Court: Admitted — other acts were logically relevant to show why Harris reacted violently when the victim refused his sexual advances |
| Exclusion under OCGA § 24-4-403 for unfair prejudice | State: probative value is high and necessary to rebut defense; not substantially outweighed by prejudice | Harris: prior convictions are unduly prejudicial and should be excluded | Court: No abuse of discretion — probative value outweighed prejudice because evidence was needed to rebut alternative explanations and corroborate victim’s account |
Key Cases Cited
- State v. Jones, 297 Ga. 156 (other-acts admissibility standard and review for abuse of discretion)
- Bradshaw v. State, 296 Ga. 650 (admissibility framework for motive and other-acts evidence)
- Brooks v. State, 298 Ga. 722 (other-acts must be logically relevant and necessary to prove something other than propensity)
- Olds v. State, 299 Ga. 65 (Rule 403 exclusion is extraordinary remedy; balancing guidance)
- Hood v. State, 299 Ga. 95 (discussion of Rule 403’s limited role)
- Anthony v. State, 298 Ga. 827 (other-acts admissible to show motive or impetus for violent conduct)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)