Keaton v. State
311 Ga. App. 14
| Ga. Ct. App. | 2011Background
- Keaton, a Waycross Police Department officer, was convicted of rape, aggravated assault, burglary- aggravated stalking, and kidnapping in connection with an incident involving his estranged wife.
- The divorce proceedings began in April 1998 and a rule nisi ordered Keaton to refrain from contact pending the interlocutory hearing.
- A subsequent interlocutory order did not enjoin contact but barred Keaton from the marital residence except for visitation with children.
- Keaton allegedly violated the order on several occasions, including entering the victim’s home without permission and demanding sex; his supervisor issued a May 29, 1998 order requiring compliance or risk insubordination charges.
- On September 12, 1998, while the victim was home alone, Keaton allegedly knocked, disabled the phone, forced entry through a back window, and raped the victim after a struggle.
- Witnesses testified the victim and Keaton had been attempting reconciliation prior to the incident, and Keaton testified to consensual sex and a quarrel that led to the struggle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved an underlying order prohibited stalking | Keaton | Keaton | Conviction reversed on aggravated stalking; order did not prohibit stalking behavior |
| Whether trial counsel’s handling of rebuttal testimony violated due process | Keaton | Keaton | No reversible error; trial strategy; no ineffective assistance |
| Whether admission of a police report bolstered credibility improperly | Keaton | Keaton | No reversible error; objection deemed waived or non-prejudicial |
| Whether juror misconduct was properly handled without prejudicing Keaton | Keaton | Keaton | No reversible error; decision to excuse juror within court’s discretion |
| Whether Keaton received ineffective assistance of counsel overall | Keaton | Keaton | No merit under Strickland; decisions within trial strategy and adequacy of preparation |
Key Cases Cited
- Bray v. State, 294 Ga.App. 562 (2008) (genuine pretrial order providing stay-away condition upheld aggravated stalking conviction)
- Ford v. State, 283 Ga.App. 460 (2007) (temporary protective order upheld aggravated stalking conviction under proximity/visitation constraints)
- Jackson v. State, 309 Ga.App. 24 (2011) (statutory construction; strict against State when two constructions exist)
- Arnold v. State, 305 Ga.App. 45 (2010) (impeachment of witness credibility via relatives allowed; specifics needed for review)
- Gibbons v. State, 248 Ga.858 (1982) (prior consistent statements admissible to bolster credibility of witness)