Hudson v. State
325 Ga. App. 657
Ga. Ct. App.2014Background
- Hudson appeals convictions for four counts of child molestation, two counts of cruelty to children in the third degree, aggravated assault, and interference with a 911 call.
- Evidence shows Hudson watched his stepdaughters after the mother’s evening work shifts.
- Younger daughter, age 12, testified Hudson looked between their legs after baths.
- Older daughter, age 13, told mother Hudson had “messed with” them leading to a domestic dispute.
- Police observed Mrs. Hudson bloodied and Hudson with minor injuries after the fight; phone kept from the wall.
- Two days later, the daughters gave statements at a child advocacy center; statements were recorded and later recanted; later testimony showed contradictions about truthfulness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not calling certain witnesses | Hudson | State | No ineffective assistance; testimony would be cumulative. |
| Whether the lead investigator may remain in court despite sequestration | Hudson seeks abolition of the exception | Exception established by Supreme Court decisions | Exception to sequestration affirmed; no overrule of Supreme Court authority. |
| Whether the trial court abused by refusing mutual combat charge | Hudson | State | No abuse; no evidence of mutual combat. |
| Whether the trial court abused by denying a self-defense/justification charge | Hudson | State | No abuse; insufficient prima facie showing of justification. |
Key Cases Cited
- Sirmans v. State, 301 Ga. App. 756 (2009) (lead investigator sequestration exception source)
- Hardy v. State, 245 Ga. 673 (1980) (fabric of sequestration exception foundational)
- Spurlin v. State, 222 Ga. 179 (1966) (early sequestration reliance)
- Pak v. Ga. Dept. of Behavioral Health & Developmental Disabilities, 317 Ga. App. 486 (2012) (binding precedents; Supreme Court authority)
- Wesley v. State, 286 Ga. 355 (2010) (mere cumulative evidence not prejudicial)
- Duran v. State, 274 Ga. App. 876 (2005) (cumulative testimony insufficient for prejudice)
- Nichols v. State, 257 Ga. 558 (1987) (counsel’s strategic decision not to call witnesses)
- Freeman v. State, 269 Ga. App. 435 (2004) (therapist testimony deemed cumulative or harmful)
- Brunson v. State, 293 Ga. 226 (2013) (self-defense instruction when evidence does not support)
- Pulley v. State, 291 Ga. 330 (2012) (mutual combat analysis framework)
- Carreker v. State, 273 Ga. 371 (2001) (mutual combat charge proper where evidence of intent to fight)
- Williams v. State, 298 Ga. App. 151 (2009) (prima facie justification standard)
- Howe v. State, 322 Ga. App. 294 (2013) (excessive force defeats self-defense)