Maloney v. State
317 Ga. App. 460
| Ga. Ct. App. | 2012Background
- Maloney was convicted of aggravated child molestation under OCGA § 16-6-4 (c) after a jury trial.
- He moved for a new trial, which the trial court denied, and he appeals arguing insufficient evidence.
- On appeal, the standard is to view the evidence in the light most favorable to the verdict and determine whether a rational trier of fact could find guilt beyond a reasonable doubt (Jackson v. Virginia).
- In October 2008, Maloney and his 11-year-old daughter were home alone; he allegedly began tickling her belly with his beard, then removed her underwear and licked her vagina, despite her screams.
- The victim initially denied abuse in a forensic interview but later told police details of the act; trial evidence included the victim’s testimony alone supporting the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated child molestation | Maloney contends the evidence relies on untrustworthy, uncorroborated testimony from the victim. | State argues the victim’s testimony alone is sufficient to convict. | Evidence sufficient beyond a reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for review of sufficiency of evidence in criminal cases)
- Stepho v. State, 312 Ga. App. 495 (Ga. App. 2011) (unremarkable for sufficiency; unquoted citation referenced in decision)
- Bray v. State, 294 Ga. App. 562 (Ga. App. 2008) (jury may rely on all or any part of testimony; credibility disputes resolved by jury)