Madison v. State
329 Ga. App. 856
Ga. Ct. App.2014Background
- Defendant Lawrence Madison was convicted of child molestation (2006 incident when victim was 15), two counts of sexual battery, and aggravated sexual battery (2009 incidents when victim was 18); evidence of alleged 2003 conduct (victim age 11) was admitted though not charged.
- Victim testified to long-running inappropriate touching beginning at age 11, continued boundary invasions through 2006, and multiple episodes in 2009 at Madison’s office involving massaging, fondling, masturbation by Madison, and digital penetration.
- The victim explained she froze and did not say “no” out of fear and family pressure; she later recorded telephone conversations with Madison and her mother and reported the 2009 incidents to police seven days after they occurred.
- Trial court suppressed two office videotapes and granted a motion in limine preventing references to those videos; during trial a jailhouse witness briefly referenced a video and the court instructed the jury to disregard the statement.
- Madison contested sufficiency of evidence, moved for mistrial over the video reference, sought severance of the 2006 and 2009 charges, challenged several refused jury instructions (including on force and lesser-included offenses), and raised ineffective-assistance claims (which he had waived by acting as co-counsel).
- Appellate disposition: court affirmed child-molestation conviction, found evidence sufficient for sexual battery and aggravated sexual battery but reversed those convictions due to erroneous jury instruction on force/intimidation arising from familial relationship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for child molestation and sexual/offenses involving penetration | State: victim’s testimony and circumstantial evidence sufficient to prove acts and penetration | Madison: insufficiency of proof as to lack of consent and penetration | Affirmed child-molestation conviction; evidence sufficient to support sexual battery and aggravated sexual battery (penetration proved by testimony) |
| Mistrial based on witness reference to suppressed videos | State: curative instruction cured any prejudice; jury knew of audio recordings anyway | Madison: reference (and court’s curative language) improperly revealed existence of suppressed video and warranted mistrial | Denied; court found no harmful prejudice and the curative instruction effective |
| Severance of 2006 charge from 2009 charges | State: prior acts and pattern admissible to show motive/plan; offenses form ongoing scheme | Madison: joinder prejudiced him; severance should have been granted | Denied; prior-difficulty evidence admissible and offenses sufficiently connected so jury could distinguish charges |
| Jury instruction that "force may be inferred as evidence of intimidation arising from the familial relationship" | State: such inference recognized in force-element cases involving minors; supports charging on intimidation/force | Madison: force is not an element of sexual battery/aggravated sexual battery here (victim over 18 for 2009 acts); the charge could mislead jury into finding lack of consent based on familial relationship alone | Reversed sexual battery and aggravated sexual battery convictions: trial court erred by giving the familial-intimidation sentence without explaining the needed showing of words/acts creating reasonable apprehension of bodily harm; error not harmless because consent was central |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Shelton v. State, 196 Ga. App. 163 (fam. relationship may support inference of force where force is an element)
- Hendrix v. State, 230 Ga. App. 604 (penetration, however slight, suffices and may be proved circumstantially)
- Watts v. State, 246 Ga. App. 367 (lack of resistance induced by fear constitutes force)
- Haynes v. State, 326 Ga. App. 336 (minimal quantum of evidence required to prove force against a child)
- Green v. State, 279 Ga. 455 (severance standards; related precedent on joinder)