Lewis v. State
317 Ga. App. 218
| Ga. Ct. App. | 2012Background
- Lewis lived with the victim and assaulted her on June 28, 2009, including hitting her with hands, fists, or feet and with a curtain rod; he was later convicted of aggravated assault (family violence) and battery (family violence).
- The jury acquitted on some counts and convicted Lewis on one aggravated assault count and one battery lesser included offense; he was sentenced as a recidivist to twenty years (five years in prison, fifteen on probation).
- The State introduced evidence of prior difficulties and two similar transactions where Lewis struck women with whom he had relationships to show pattern, intent, or state of mind.
- The victim recanted at trial, admitting she lied to police about the assault; defense argued the allegations were unfounded, but other testimony supported the assault.
- The trial court admitted two similar-transaction cases over defense objections, and the State’s closing arguments included improper references to prevailing stereotypes and prior experiences.
- The appellate court affirmed, finding most evidentiary rulings within discretion and the overall evidence sufficient despite some improper arguments or testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault with hands/feet | State: evidence showed assault with potential for serious injury; hands/feet may be aggravated depending on circumstances. | Lewis: insufficient evidence that hands/feet constitute aggravated assault without a deadly weapon or intent to murder/rape. | Evidence sufficient under Jackson v. Virginia standard. |
| Mistrial issue from inadvertent revocation reference | State: no mistrial warranted; reference inadvertent. | Lewis: curative instruction required mistrial under OCGA 17-8-75. | No abuse of discretion; mistrial not required. |
| Improper closing arguments | State: arguments within wide latitude; related to evidence presented. | Lewis: several statements were unsupported and improper. | Error occurred but not reversible; curative instructions given and evidence strong. |
| Admission of two similar-transaction evidence | State: similar acts show pattern and state of mind in domestic violence cases. | Lewis: evidence unfairly prejudicial. | No abuse of discretion; admissible under similar-transaction standards. |
| Detective testimony about victims recanting | State: testimony relevant to domestic violence dynamics. | Lewis: improper commentary on victim’s truthfulness; expert qualification lacking. | Testimony improper but not reversible error given overall evidence. |
| Closing on burden of proof instruction | State: burden defined to jury; no error in instruction. | Lewis: misstatement of burden; objection overruled. | Not reversible; curative instructions satisfied. |
Key Cases Cited
- Dixon v. State, 268 Ga. 81 (Ga. 1997) (evidentiary standard for aggravated assault)
- Brown v. State, 118 Ga. App. 617 (Ga. App. 1968) ( prejudice by statements not in evidence exception)
- King v. State, 269 Ga. App. 658 (Ga. App. 2004) (mistrial discretion in improper character evidence)
- Arrington v. State, 286 Ga. 335 (Ga. 2009) (curative instructions and review of trial rulings)
- Conner v. State, 251 Ga. 113 (Ga. 1983) (scope of closing-argument limits)
- Muhammad v. State, 290 Ga. 880 (Ga. 2012) (admission of similar-transaction evidence; abuse of discretion standard)
- Smith v. State, 232 Ga. App. 290 (Ga. App. 1998) (domestic violence evidence and admissibility)
- Hawks v. State, 223 Ga. App. 890 (Ga. App. 1996) (expert testimony on cycles of domestic violence)
- Howie v. State, 281 Ga. App. 730 (Ga. App. 2006) (relevance of prior recantation testimony)
- James v. State, 265 Ga. App. 689 (Ga. App. 2004) (analogy in closing arguments)
- Johnson v. State, 238 Ga. 59 (Ga. 1976) (reversible error standard for nonconstitutional error)