Moore v. State
319 Ga. App. 696
Ga. Ct. App.2013Background
- Moore was convicted after a bench trial of enticing a child for indecent purposes, sexual battery against a child under 16, and child molestation.
- The 14-year-old victim lived with Moore in Clayton County, GA, during 2007–2008; Moore allegedly touched her in a sexual manner while she slept and disciplined her when she resisted.
- The abuse continued about every other week in GA; the victim did not report due to threats by Moore.
- In 2009 the victim moved to Ohio; two days later she disclosed the abuse to her grandmother, who notified the police.
- Moore admitted during an interview with Ohio police that he had engaged in inappropriate acts and paid the victim for sexual favors to keep her from selling herself on the streets, and he wrote a letter to the victim confessing misconduct.
- A Clayton County grand jury indicted Moore; at trial the victim, her grandmother, and detectives testified; Moore testified, admitting some acts and describing the victim as a chronic runaway.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for asportation | Moore argues there was no movement of the victim to sustain asportation. | No, the state proved movement via enticement to the residence for molestation by giving money/not punishing. | Sufficient evidence of asportation; entitlement to uphold on appeal. |
| Ineffective assistance for failing to object to bolstering | Grandmother's bolstering testimony was improper and counsel failed to object/mistrial move. | Counsel's failure to object was ineffective assistance and prejudicial. | No reversal; no reasonable probability of different outcome; not prejudicial. |
| Venue/location of enticement | Enticement occurred in Georgia; Ohio involvement is irrelevant. | Enticement may have occurred in Ohio. | Evidence showed everything happened in Georgia; venue proper in GA. |
| Timeliness/appeal jurisdiction for out-of-time motion | Motion for out-of-time new trial was not properly granted; jurisdiction questionable. | The trial court implicitly granted leave by holding an evidentiary hearing and denying merits; appellate jurisdiction exists. | Appellate jurisdiction affirmed; review reaches merits. |
Key Cases Cited
- Staib v. State, 309 Ga. App. 785 (2011) (standard for sufficiency review; Jackson v. Virginia framework)
- Jackson v. Virginia, 443 U.S. 307 (Sup. Ct. 1979) (sufficiency of evidence standard)
- Cimildoro v. State, 259 Ga. 788 (1990) (asportation can be proven by persuasion or movement)
- Rollins v. State, 318 Ga. App. 311 (2012) (asportation element in enticing a child for indecent purposes)
- Hicks v. State, 254 Ga. App. 814 (2002) (any evidence suffices to establish asportation)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; deficient performance plus prejudice)
- Thomas v. State, 318 Ga. App. 849 (2012) (bolstering testimony and harmlessness in child molestation cases)
- Cline v. State, 224 Ga. App. 235 (1997) (bolstering evidence in child molestation cases Harmless where defendant admitted acts)
- Kelley v. State, 301 Ga. App. 43 (2009) (asportation established by offer of money for sexual acts)
- Jacobs v. State, 299 Ga. App. 368 (2009) (bench trial presumptions about reliability of judge's sift of testimony)
- Baz in v. State, 299 Ga. App. 875 (2009) (review of evidentiary rulings and bolstering considerations)
- Washington v. State, 276 Ga. 655 (2003) (jurisdiction and procedural review for out-of-time motions)