Hatcher v. State
320 Ga. App. 366
| Ga. Ct. App. | 2013Background
- Hatcher was charged with three counts of child molestation and one count of incest for acts against his five-year-old niece.
- Arrest occurred February 27, 2003; indictment followed on August 2, 2005.
- Hatcher repeatedly appeared pro se from arraignment (October 11, 2005) onward and claimed ability to hire counsel.
- Courts urged him to obtain counsel; he indicated he would hire, but repeatedly failed to retain an attorney by trial time.
- On December 5–6, 2005, trial proceeded with Hatcher pro se after limited attempts to secure counsel; plea offers were discussed but not accepted.
- Evidence included the victim’s sister testimony; Hatcher was later found guilty on the charged counts and the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel waiver when self-representing | Hatcher did not waive counsel; he sought representation but was unable to obtain it. | Hatcher knowingly waived the right by choosing self-representation after inadequate attempts to obtain counsel. | Waiver found; trial court did not err in allowing self-representation. |
| Admission of victim's hearsay statements and Confrontation Clause | Hatley requirement (timely notice) violated; statements should have been excluded. | Admission harmless as cumulative; other witnesses corroborated molestation. | Harmless error; cumulative evidence supports no reversal. |
Key Cases Cited
- Collins v. State, 269 Ga. App. 164 (Ga. App. 2004) (reasonable diligence in obtaining counsel; continuance decisions hinge on diligence)
- Burnett v. State, 182 Ga. App. 539 (Ga. App. 1987) (waiver of right to counsel when defendant fails to exercise diligence)
- Hatley v. State, 290 Ga. 480 (Ga. 2012) (prosecution notice requirement for child victim hearsay statements)
- Welch v. State, 318 Ga. App. 202 (Ga. App. 2012) (harmless error where hearsay is cumulative)
- In the Interest of S. S., 281 Ga. App. 781 (Ga. App. 2006) (cumulative testimonial statements may be harmless if others admitted)
- Johnson v. State, 188 Ga. App. 411 (Ga. App. 1988) (denying continuance where defendant disregarded court instructions to obtain counsel)