Henderson v. State, 320 Ga. App. 553

Henderson was convicted on four counts of sexual exploitation of children under OCGA § 16-12-100 (b) (8) after a jury trial.
GBI identified Henderson’s Rome, Georgia IP address via an automated child-pornography detection program and obtained a Comcast subpoena with AG consent.
A search of Henderson’s home yielded DVDs labeled “XXX” and a desktop with multiple child-pornography files.
Trial witnesses described some depicted children as prepubescent; defense acknowledged possession but disputed knowledge of illegality.
Henderson testified he did not intend to possess or view young children and that some images were burned to DVDs.
The trial court admitted arguments concerning Batson, sufficiency of evidence, suppression, and jury instructions, all of which were appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of knowledge of ages	Henderson	Henderson	No error; ages proven by prepubescent depictions
Indictment defect—timeliness of arrest of judgment	Henderson	Henderson	Arrest of judgment untimely; not considered
Batson gender-discrimination claim	State	Henderson	Court upheld finding of discriminatory intent (pretextual strikes)
Plain error for failure to instruct on accident	Henderson	Henderson	No plain error; charge viewed in context sufficed
Admission of similar transaction evidence	Henderson	Henderson	No reversible error due to lack of record support for admission

Batson v. Kentucky, Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory challenges and gender-based discrimination standard)
State v. Kelly, Kelly v. State, 290 Ga. 29 (2011) (plain-error framework for unrequested jury instructions)
Swanson v. State, Swanson v. State, 309 Ga. App. 381 (2011) (analysis of jury instruction adequacy and evidence consideration)
Toomer v. State, Toomer v. State, 292 Ga. 49 (2012) (growing body of Georgia law on Batson and related issues)
Berry v. State, Berry v. State, 281 Ga. App. 424 (2006) (knowing possession as element of intent under minor definition)