In Re Dd
310 Ga. App. 329
Ga. Ct. App.2011Background
- D.D., age 11, was adjudicated delinquent in Rockdale County Juvenile Court for felony sexual battery against a classmate, M.T., at a middle school.
- M.T. testified that D.D. intentionally touched her breast for about two seconds in a crowded hallway; she reported to her mother and then to school authorities.
- D.D. was also charged with bringing a weapon to school, to which he admitted; the sexual-battery charge remained contested.
- After adjudication, the Rockdale case was transferred to DeKalb County Juvenile Court for disposition due to D.D.'s residence changes and custody status.
- DeKalb County imposed sentencing conditions (probation for one year with potential early release, living with his mother in DeKalb, supervision fee, counseling, boot camp possibility).
- An email from the school resource officer suggesting ex parte communications with the juvenile court prompted a remand for further inquiry on waivers and potential prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for delinquency on sexual battery | D.D. contends evidence insufficient to prove sexual battery beyond reasonable doubt. | Youth's credibility and defense evidence create reasonable doubt about touching | Evidence sufficient to adjudicate delinquency for felony sexual battery |
| Ex parte communications with a State witness | Ex parte email alleged to show improper communications requiring reversal | Record ambiguities prevent a finding of waiver or harmful error | Remand to determine waiver and whether ex parte communications were prejudicial |
Key Cases Cited
- In the Interest of C.R., 294 Ga.App. 164 (2008) (evidence viewed in light most favorable to adjudication)
- Johnson v. State, 278 Ga. 344 (2004) (judge’s conduct and ex parte communications may require reversal)
- In re Martin, 218 Ga.App. 79 (1995) (waiver and evidentiary review on remand)
- Cousins v. Macedonia Baptist Church of Atlanta, 283 Ga. 570 (2008) (reversing on ex parte communications in some contexts)
- Arnau v. Arnau, 207 Ga.App. 696 (1993) (ex parte communications and waivers considerations)
- Osgood v. Dent, 167 Ga.App. 406 (1983) (harmful error from ex parte communications when relied upon)