Morast v. State
323 Ga. App. 808
Ga. Ct. App.2013Background
- Morast was indicted for cruelty to children in the first degree relating to severe injuries to her daughter; she was convicted of the lesser offense of cruelty to children in the second degree.
- The first-degree charge covered multiple fractures over about 13 months; the second-degree charge covered failure to seek medical care after dog and human bites and vomiting.
- Evidence included grandmother testimony of ongoing bruising, Morast’s explanations, and medical testimony of multiple fractures and likely abuse.
- A nurse and a doctor described bruises, bite marks, and fractures and opined the injuries were attributable to abuse rather than accidental causes.
- A babysitter observed new bruises and illness; Morast claimed dogs caused many bruises and did not seek treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence for first-degree cruelty? | Morast failed to intervene and caused or allowed serious injuries. | Evidence does not prove Morast personally caused the fractures. | Yes; evidence supports a finding of wilful disregard. |
| Is there sufficient evidence for second-degree cruelty (criminal negligence)? | Morast knew of bites and vomiting yet did not seek care. | No proof of criminal negligence by Morast. | Yes; failure to seek timely care supported negligence. |
Key Cases Cited
- Royal v. State, 319 Ga. App. 466 (2012) (evidence sufficiency for included offenses analyzed)
- Adorno v. State, 314 Ga. App. 509 (2012) (evidence supports conviction when caretaker fails to intervene)
- Wells v. State, 309 Ga. App. 661 (2011) (second-degree cruelty supported by evidence of injuries and non-treatment)
- Hinds v. State, 296 Ga. App. 80 (2009) (abuse injuries over time; concealment evidence considered)
- Thompson v. State, 262 Ga. App. 17 (2003) (circumstantial evidence sufficient where injuries occurred under care and treatment was delayed)
- Grayer v. State, 282 Ga. 224 (2007) (discusses evidence circumstantiality and credibility considerations)
- Mikenney v. State, 277 Ga. 64 (2003) (evidence supports conviction where caregiver’s statements conceal injuries)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard of review for sufficiency: rational juror could convict beyond reasonable doubt)