Heck v. State
313 Ga. App. 571
| Ga. Ct. App. | 2012Background
- Heck was a 50-year-old registered sex offender living alone in Paradise Village, Dougherty County.
- S. A., an 11-year-old neighbor, spent time at Heck’s house; sleepovers occurred and later stopped after her mother learned of concerns.
- S. A. disclosed to a forensic interviewer that Heck touched his penis and kissed him; a pornographic tape and nudist materials were found in Heck’s home.
- Police recovered extensive materials in Heck’s bedroom including pornographic tapes, nudist brochures, children’s magazines, and panties; an interview reflected Heck admitting to nudity exposure and prior sexual urges toward children.
- S. B., a nearly three-year-old, later testified that Heck molested her inside his trailer, including touching her genital area.
- The State presented evidence of prior molestations by Heck beginning in 1969 and explicit similar-transaction witnesses; Heck was convicted on counts including two counts of child molestation, one count of enticing a child for indecent purposes, and May 2002 molestation of S. B.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of Count 4 from Counts 1–3 | Heck argues severance needed for fair consideration | State contends joinder with similar charges is permissible | Court did not abuse discretion; severance not required |
| Admission of non-sexual exhibits | Exhibits were irrelevant and prejudicial | Exhibits showed bent of mind and corroborated prior acts | Admission within court’s discretion; harmless error given overwhelming guilt |
| Ineffective assistance—testimony decision guidance | Counsel misadvised about testimony and closing argument | No deficient performance or prejudice shown | No ineffective assistance; claims failed |
Key Cases Cited
- Dickerson v. State, 304 Ga. App. 762 (2010) (severance and admissibility considerations in multiple offenses)
- Stewart v. State, 277 Ga. 138 (2003) (similar-transaction evidence bears on severance)
- Loyless v. State, 210 Ga. App. 693 (1993) (trial court not abuse discretion on severance where similarities persist)
- Heard v. State, 287 Ga. 554 (2010) (whether severance promotes fair, intelligent consideration)
- Boatright v. State, 308 Ga. App. 266 (2011) (severance not mandatory where pattern evidence supports shared motive)
- Phillips v. State, 269 Ga. App. 619 (2004) (relevance and harmless error analysis for prejudicial evidence)
- Simpson v. State, 271 Ga. 772 (1999) (linking possession of sexual paraphernalia to lustful disposition)
- Robinson v. State, 277 Ga. 75 (2003) (Strickland standard for ineffective assistance; deference to trial court findings)
- State v. Tyson, 273 Ga. 690 (2001) (admissibility of sexually related material linked to charged crime)