MASSEY v. the STATE.
346 Ga. App. 233
Ga. Ct. App.2018Background
- Victim (7) was close to Massey and his wife; family socialized frequently and children sometimes stayed overnight.
- After an overnight visit with the Masseys, the victim disclosed to her parents that Massey had touched her private area and said it was a secret.
- Forensic interviews (two recorded) captured the victim saying Massey touched the inside of her body, it hurt, and later burned when urinating.
- Medical examiner (pediatric/sexual assault nurse) found no visible trauma but testified the victim’s complaints and symptoms were consistent with sexual abuse and that internal pressure would be painful for a child her age.
- Grand jury indicted Massey on multiple counts; he was convicted of sexual battery (lesser included), aggravated child molestation, and two counts of child molestation; some counts merged for sentencing.
- Massey appealed, arguing (1) insufficient evidence of physical injury for aggravated child molestation and (2) the trial court failed to properly act as the thirteenth juror in denying his motion for new trial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Massey) | Held |
|---|---|---|---|
| Sufficiency of evidence that victim suffered a physical injury for aggravated child molestation | Victim’s testimony that the molestation hurt, corroborated by forensic interviews and nurse’s testimony, proves physical injury | Victim’s complaints and lack of visible trauma were insufficient to prove physical injury | Court held testimony that the molestation "hurt," plus corroborating forensic and medical testimony, sufficed to prove physical injury and affirmed conviction |
| Trial court’s exercise of discretion as thirteenth juror in denying new trial | Trial court reviewed evidence and denied the motion, implying proper exercise of discretion | Trial court failed to explicitly state it exercised broad discretion as thirteenth juror | Court presumed the trial judge knew and exercised the required discretion and found no abuse in denying the motion |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence in criminal cases)
- Moon v. State, 335 Ga. App. 642 (testimony that molestation "hurt" is sufficient to show physical injury)
- Grooms v. State, 261 Ga. App. 549 (victim’s testimony that molestation "hurt" sufficed for physical injury element)
- Hall v. State, 335 Ga. App. 895 (reciting standard of review on sufficiency of evidence)
- White v. State, 293 Ga. 523 (trial judge’s duty and scope when acting as thirteenth juror)
- Butts v. State, 297 Ga. 766 (discussing requirements for trial court’s exercise of discretion on new-trial general grounds)