In Re Qs
712 S.E.2d 99
Ga. Ct. App.2011Background
- Q.S., age 15, participated in a severe student assault at Washington County High School; adjudicated delinquent with 12 months restrictive custody; adjudication based on acts that, if committed by an adult, would be aggravated battery, aggravated assault, and unlawful disruption of a public school; record shows victim sustained serious injuries and later brain tumor-related surgeries; neurosurgeon could not determine if assault caused brain injury; other medical factors implicated in memory loss; appeal challenges sufficiency of evidence and custody decision.
- State sought to prove all three designated-felony acts beyond a reasonable doubt; juvenile court found the required acts occurred and imposed restrictive custody; issues raised on appeal include causation and whether the disruption statute applies; appellate review conducted under Jackson v. Virginia standard for sufficiency and OCGA § 15-11-63 for custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated battery | Q.S. did not proximately cause brain injury. | State proved loss of brain function linked to assault. | Aggravated battery reversed (not proven by proximate cause). |
| Sufficiency of evidence for aggravated assault | - | - | Aggravated assault upheld (sufficient evidence). |
| Sufficiency of evidence for unlawful disruption of public school | Washington County High School is not proven public school. | Name as indicator of public school; trial court could infer. | Adjudication reversed for unlawful disruption (not proven). |
| Abuse of discretion in restrictive custody order | Evidence supported restrictive custody. | Court based on unsupported fact about memory loss. | Vacated; remand to reconsider custody with properly-supported factual findings. |
Key Cases Cited
- Miller v. State, 275 Ga. 730 (Ga. 2002) (brain injury to support aggravated battery concept)
- Scott v. State, 243 Ga.App. 383 (Ga. Ct. App. 2000) (evidence of head injuries and memory loss supports aggravated battery)
- Doomes v. State, 261 Ga.App. 442 (Ga. Ct. App. 2003) (insufficient evidence linking other injury to the assault)
- Kilgore v. State, 95 Ga.App. 462 (Ga. Ct. App. 1957) (causation in injuries required to sustain battery)
- Jones v. State, 294 Ga.App. 564 (Ga. Ct. App. 2008) (hands/feet can be deadly weapons depending on use and injuries)
- Richards v. State, 222 Ga.App. 853 (Ga. Ct. App. 1996) (evidence of injuries supports aggravated assault)
- State v. Jackson, 287 Ga. 646 (Ga. 2010) (proximate cause standard for criminal injuries)
- Chaney v. State, 281 Ga. 481 (Ga. 2006) (proximate-cause framework for criminal conduct)
- In the Interest of J.B., 289 Ga.App. 617 (Ga. Ct. App. 2008) (proof of disruption of a public school requires proof school is public)
- In the Interest of J.C., 308 Ga.App. 336 (Ga. Ct. App. 2011) (Jackson standard applied to delinquency sufficiency)
- In the Interest of I.C., 300 Ga.App. 683 (Ga. Ct. App. 2009) (guides discretionary custody decisions in delinquency)
- In the Interest of L.J., 279 Ga.App. 237 (Ga. Ct. App. 2006) (requires careful weighing of statutory factors for custody)