Knight v. State
311 Ga. App. 367
| Ga. Ct. App. | 2011Background
- Knight was convicted by a Tattnall County jury of child molestation under OCGA § 16-6-4(a).
- The victim was a 13-year-old girl who alleged Knight touched her in January 2007 after entering a bathroom with her.
- Knight faced trial with no corroborating witnesses to the molestation.
- The victim reported the incident by telling a friend at school the following day; a note was later conveyed to school staff.
- Knight challenged the sufficiency of the evidence, the propriety of closing arguments, and alleged sentencing taint from prior convictions.
- The trial court sentenced Knight to 14 years, with 6 to serve, within statutory limits; Knight objected to the admissibility and consideration of prior felonies at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Knight argues the victim’s testimony was incredible. | Knight claims lack of corroboration and credibility undermine guilt. | Evidence, viewed in favor of the State, supports all elements. |
| Prosecutor’s closing arguments | Knight asserts improper and mischaracterizing statements. | No objections were raised; issues waived on appeal. | Issue waived; no reviewable error. |
| Sentencing taint from prior felonies | Prosecutor improperly introduced prior convictions without notice; sentencing argument improper. | Even if error, sentence within statutory limits; preservation unclear. | Sentence within statutory limits; admissibility and argument error not reviewed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: any rational trier of fact could convict beyond reasonable doubt)
- Hammontree v. State, 283 Ga. App. 736 (Ga. App. 2007) (single witness may establish the facts; testimony need not be corroborated)
- Miller v. State, 273 Ga. 831 (Ga. 2001) (jurors may believe all or part of testimony and resolve conflicts)
- Bray v. State, 294 Ga. App. 562 (Ga. App. 2008) (limits on appellate review of credibility and sufficiency claims)
- West v. State, 300 Ga. App. 583 (Ga. App. 2009) (exceptions not raised at trial are waived on appeal)