McIntyre v. State
311 Ga. App. 173
| Ga. Ct. App. | 2011Background
- April 2007: 15-year-old J.M. visited McIntyre and Disharoon; she drank alcohol and smoked a substance, becoming intoxicated.
- The couple engaged in sexual activity with J.M. in multiple locations, including a hot tub and bedroom, with Disharoon and McIntyre participating.
- DNA testing of adult sexual devices used on J.M. yielded positive results; investigators recovered photographs of the events.
- J.M. reported abuse to a friend, who notified J.M.’s mother, triggering police investigation.
- Defendants were charged with two counts of aggravated sexual battery, child molestation, aggravated child molestation, rape, marijuana possession, and contributing to delinquency of a minor.
- The trial court admitted and excluded various evidentiary issues, leading to post-trial appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of victim’s past sexual history under Rape Shield Statute | McIntyre and Disharoon argue for cross-examination to show fabrication motives | State contends shield statute limits such evidence | Court affirmed exclusion; no abuse of discretion |
| Motion to suppress evidence and scope of warrant | Suppression should apply to adult toys and electronic media | Warrant too broad or stale for certain items | Warrant supported; suppression denied as to challenged items |
| Denial of additional juror strikes | Additional strikes necessary for impartial jury | Trial could abuse denial of extra strikes | No abuse; no demonstrated harm under Denny v. State |
| Mistrial due to DNA expert testimony and hearsay concerns | Expert relied on other technicians’ tests; potential hearsay/Confrontation issue | Melendez-Diaz concerns rejected by this Court previously | Court rejected mistrial claim; matter not reversible error |
Key Cases Cited
- Abdulkadir v. State, 264 Ga.App. 805, 592 S.E.2d 433 (2003) (Ga. App. 2003) (limits cross-examination under Rape Shield Statute; fabrication motive evidence restricted)
- Green v. State, 221 Ga.App. 436, 472 S.E.2d 1 (1996) (Ga. App. 1996) (avoid circumvention of Rape Shield; exclude past sexual conduct evidence)
- Lloyd v. State, 263 Ga.App. 234, 587 S.E.2d 372 (2003) (Ga. App. 2003) (abuse of discretion standard for evidentiary rulings; res gestae interplay noted)
- Mooney v. State, 266 Ga.App. 587, 597 S.E.2d 589 (2004) (Ga. App. 2004) (evidentiary rulings and memorialized standards cited in context of exclusionary rulings)
- Kramer v. State, 260 Ga.App. 546, 580 S.E.2d 314 (2003) (Ga. App. 2003) (distinguishable, nonbinding on scope of search warrant; suppression outcome analyzed)
- Carolina v. State, 302 Ga.App. 40, 690 S.E.2d 435 (2010) (Ga. App. 2010) (confrontation rights and admissibility of lab testimony addressed)