Lowe v. State
317 Ga. App. 442
Ga. Ct. App.2012Background
- Lowe was indicted on child molestation and incest involving his 14-year-old niece T.L., and on child molestation involving 13-year-old G.L.
- Jury convicted Lowe on the T.L. counts and acquitted on the G.L. count; trial court denied new trial; appeal filed.
- During cross-examination, State sought to question Lowe about four prior convictions without an express probative-prejudicial finding.
- Evidence included 1989 obstruction of police officers, 1991 aggravated sodomy, and 1994 controlled substance offenses.
- DNA evidence linked Lowe to T.L.’s baby with a very high probability; other acts supported guilt; verdict upheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior convictions without explicit probative-prejudicial finding | Lowe contends error under OCGA 24-9-84.1(a)(2). | State contends cross-examination without finding may be permissible; not essential if harmless. | Harmless error; we need not reach ruling on admissibility due to overwhelming guilt evidence. |
| Harmlessness of the allegedly prejudicial evidence | Overwhelming evidence may not render error harmless. | Harmless, given DNA and multiple acts establishing guilt. | Evidence of prior convictions deemed harmless beyond a reasonable doubt given overwhelming proof. |
Key Cases Cited
- Rubi v. State, 258 Ga. App. 815 (Ga. App. 2002) (harmless error when evidence overwhelmingly supports guilt)
- Whitt v. State, 281 Ga. App. 3 (Ga. App. 2006) (harmless error when overwhelming evidence of guilt)
- Goldey v. State, 289 Ga. App. 198 (Ga. App. 2008) (failure to redact prejudicial evidence was harmless when guilt overwhelming)