Little v. the State
332 Ga. App. 553
Ga. Ct. App.2015Background
- In 2011 Chester Little filed an insurance claim and arranged to meet an insurance investigator at his Macon dental office.
- The investigator observed Little and an assistant performing a dental procedure, heard a dental drill, saw a patient with gauze and blood, and heard Little schedule follow-up care; Little told the investigator he was a dentist and disclosed dental practice income.
- The investigator learned Little was not licensed; Secretary of State records showed he had surrendered (effectively revoked) his Georgia dental license in 1993 and surrendered a Texas license obtained fraudulently.
- An undercover police officer arranged dental treatment with Little, who quoted a price and took the officer to the office; a later search found dental tools, supplies, and business cards advertising Little’s dental practice.
- Little was indicted and convicted by a jury for practicing dentistry without a license; he appealed, challenging sufficiency of the evidence and denial of a mistrial based on the judge’s communications with a juror during deliberations.
Issues
| Issue | Little's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Little practiced dentistry without a license | Evidence was insufficient to prove unlawful practice beyond a reasonable doubt | Evidence (observations, undercover contact, tools, business cards, income statements, license surrender) supports conviction | Affirmed — evidence sufficient for a rational juror to convict |
| Denial of mistrial for judge speaking to a juror during deliberations | Judge’s private communication with a juror required a mistrial | Little did not preserve this ground by moving for mistrial after the judge spoke to the juror; issue waived | Affirmed — review waived because no mistrial motion was made on this ground |
Key Cases Cited
- Hayes v. State, 292 Ga. 506 (standard for reviewing sufficiency of the evidence)
- McMillan v. State, 266 Ga. App. 729 (sufficiency supports unlicensed-practice conviction)
- Glidewell v. State, 279 Ga. App. 114 (cited on other grounds in McMillan)
- Allen v. United States, 164 U.S. 492 (authority for Allen charge on deadlocked juries)
- Andrews v. State, 293 Ga. 701 (failure to move for mistrial waives appellate review)
- Coe v. State, 293 Ga. 233 (same waiver principle regarding mistrial motions)