Lipscomb v. State
315 Ga. App. 437
Ga. Ct. App.2012Background
- Lipscomb was convicted by a jury of one count of child molestation related to a 3-year-old victim, K.L., at Lipscomb's brother's home.
- The incident occurred on the evening of April 14, 2010, when the child's parents briefly left the children with Lipscomb.
- K.L. reported that Lipscomb removed her underwear and/or exposed his penis; the underwear was found improperly on after the parents returned.
- Medical examination showed no injuries, though expert testimony allowed for absence of injuries to be consistent with abuse.
- A videotaped forensic interview corroborated some details, and Lipscomb was later indicted on aggravated sodomy, two counts of aggravated sexual battery, and child molestation; he was acquitted on the other counts and convicted on child molestation.
- On appeal, Lipscomb challenged the sufficiency of the evidence, a juror-for-cause dismissal, and alleged improper closing arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for child molestation | Lipscomb contends evidence is insufficient | State argues sufficient evidence supports conviction | Sufficient evidence supported conviction |
| Denial of strike-for-cause for biased juror | Juror was biased and should have been struck for cause | Court properly conducted voir dire and did not abuse discretion | No manifest abuse; denial upheld |
| Mistrial/closing argument improper burden-shifting | State improperly burden-shifted and commented on defendant's silence | Arguments were proper; any remarks were within wide closing-argument latitude | Trial court did not abuse discretion; conviction affirmed |
Key Cases Cited
- DeLong v. State, 310 Ga.App. 518 (2011) (evidence sufficiency standard for child molestation)
- Arrington v. State, 286 Ga. 335 (2009) (burden of proof and closing-argument guidance; burden-shifting analysis)
- Pearson v. State, 277 Ga. 813 (2004) (absence of corroborating evidence in closing arguments)
- Harper v. Barge Air Conditioning, Inc., 313 Ga.App. 474 (2011) (voir dire and impartiality; standard for abuse of discretion)
- Westbrooks v. State, 309 Ga.App. 398 (2011) (sufficiency of evidence when corroborating out-of-court statements exist)
- Cantu v. State, 304 Ga.App. 655 (2010) (alternative acts theory; sufficiency when multiple acts alleged)