Hines v. State
307 Ga. App. 807
Ga. Ct. App.2011Background
- Hines charged with two counts of child molestation and one count of enticing a child for indecent purposes regarding his stepdaughter.
- Victim B.B. was 12; Hines was 33 and her stepfather.
- Incident occurred December 20, 2004; B.B. performed back massage, then sexual contact occurred.
- Hospital examination found secretions and a KY-like substance; DNA from the kit matched Hines and the victim.
- DNA testing and related testimony linked the kit to the victim and Hines; jury convicted Hines of one molestation count.
- Hines argues insufficiency of evidence, trial counsel ineffective, and improper chain of custody ruling; the court affirms the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict based on the DNA and other proof? | Hines claims DNA evidence is fatally flawed. | State argues DNA match plus corroborating testimony supports conviction. | Evidence sufficient; DNA and other proof support conviction. |
| Was there an abuse of discretion in admitting the sexual assault kit under chain-of-custody rules? | Hines contends break in chain due to lab testing in New Orleans. | Chain of custody preserved; fungible vs. identifiable evidence; no reversible error. | No abuse of discretion; proper foundation and identification shown. |
| Did trial counsel's handling of DNA evidence constitute ineffective assistance? | Counsel failed to object to DNA evidence on several grounds. | Counsel's failure deemed strategic; objections would not likely change outcome. | No ineffective assistance; counsel's strategy preserved; outcome unchanged. |
Key Cases Cited
- Brooks v. State, 281 Ga. 514 (Ga. 2007) (jury credibility decisions uphold evidence credibility)
- Watson v. State, 222 Ga.App. 814 (Ga. App. 1996) (evidence of contact through clothing can uphold molestation conviction)
- Jackson v. Virginia, 443 U.S. 307 (1980) (standard for reviewing sufficiency of evidence)
- Maldonado v. State, 268 Ga.App. 691 (Ga. App. 2004) (chain-of-custody admissibility for fungible evidence)
- Kuykendall v. State, 299 Ga.App. 360 (Ga. App. 2009) (DNA may be admitted without traditional chain-of-custody when unique to defendant)
- Thomas v. State, 288 Ga.App. 602 (Ga. App. 2007) (contamination concerns; weight given to chain-of-custody arguments)
- Phillips v. Williams, 276 Ga. 691 (Ga. 2003) (identification of kit when labeled and tracked supports admissibility)
- Rector v. State, 285 Ga.714 (Ga. 2009) (admissibility when relying on expert review of underlying data)
- Carolina v. State, 302 Ga.App. 40 (Ga. App. 2010) (experts admissible to interpret data reviewed from others' reports)
- Thrasher v. State, 261 Ga.App. 650 (Ga. App. 2003) (P.C.R. method in DNA testing recognized)
- Suggs v. State, 272 Ga. 85 (Ga. 2000) (standard for evaluating ineffective assistance claims)
- Temple v. State, 253 Ga.App. 606 (Ga. App. 2002) (presumption of strategy when trial counsel remains silent)