Laster v. State
311 Ga. App. 360
| Ga. Ct. App. | 2011Background
- Laster was convicted by a Floyd County jury of family violence battery, criminal trespass, and abuse of an elder person based on the May 7, 2010 incident and related testimony.
- The victim, an 87-year-old non-relative, allowed Laster to live in her home in exchange for maintenance work; neighbors questioned Laster’s effort and observed bruising on the victim.
- The State presented testimony that Laster grabbed and twisted the victim’s arm, poured bleach on her mattress, threatened to burn the house, and caused a wound to the victim’s forearm; neighbors and police corroborated the injuries and odor of bleach.
- The victim’s daughter photographed injuries; she testified the victim appeared frightened and that Laster exploited the victim financially, with evidence of prior volatile conduct with an ex-wife.
- Laster argued the victim testified she fell and he only attempted to catch her, disputing the intentional cause of injuries and the bleach incident; trial included competing recollections and credibility questions.
- The trial court denied Laster’s motion for a new trial, and there was a procedural dispute about allowing the victim to testify at the motion hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | Laster contends evidence failed on essential elements. | Laster emphasizes lack of intentional acts; victim’s testimony suggested accident. | Evidence supported each element; rational jurors could find guilt beyond reasonable doubt. |
| Admissibility of victim testimony at motion hearing | No authority cited; error claimed in denying hearing. | Not substantively argued on appeal; waived. | Issue abandoned for lack of authority and citation. |
| Fair trial regarding juror-related claim | Prosecutor knew a juror with predisposition favorable to state; issue warrants review. | Record lacks support; no preserved objection. | No reversible error; issues not preserved or substantiated; reviewed and found no basis. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review uses any rational from evidence supporting elements beyond a reasonable doubt)
- Miller v. State, 273 Ga. 831 (Ga. 2001) (jurors resolve conflicts and weigh evidence; verdict upheld if any competent evidence supports each element)
- Brooks v. State, 281 Ga. 514 (Ga. 2007) (conflicts in evidence resolved by jury; adverse resolution against defendant does not render evidence insufficient)
- Boles v. Lee, 270 Ga. 454 (Ga. 1999) (waiver and preservation rules govern appellate review)
- West v. State, 300 Ga. App. 583 (Ga. App. 2009) (issues not raised or ruled on in trial court are waived on appeal)
- Rainly v. State, 307 Ga. App. 467 (Ga. App. 2010) (note illustrating preservation/record-keeping considerations)