Muse v. State
323 Ga. App. 779
Ga. Ct. App.2013Background
- Muse was convicted by a jury of attempted child molestation and attempted aggravated child molestation.
- A north Georgia task force posed as Father Dave in a fake Craig’s List post to entrap Muse, and Muse engaged via email and texts.
- Muse expressed explicit sexual intent toward a 14-year-old girl and traveled 90+ miles to a north Georgia motel for the encounter.
- Law enforcement arranged the encounter with undercover agents, who identified Muse at the meeting scene before his arrest.
- On appeal Muse argued (a) the State failed to disprove abandonment and (b) newly discovered evidence warrants a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment defense sufficiency | Muse abandoned the attempt. | State failed to disprove abandonment. | Ruling favorable to State; evidence supported no abandonment. |
| Newly discovered evidence standard | New posting was more incriminating; merits new trial. | Trial court abused discretion; content was material. | No abuse; correct posting not material to produce different result; affirmance. |
Key Cases Cited
- Castaneira v. State, 321 Ga. App. 418 (2013) (relevance of ongoing internet communications to intent and steps toward crime)
- Brown v. State, 321 Ga. App. 798 (2013) (sufficiency of evidence after internet communications and travel to meet as substantial step)
- Timberlake v. State, 246 Ga. 488 (1980) (Timberlake factors for assessing newly discovered evidence)
- Fetter v. State, 271 Ga. App. 652 (2005) (burden to show State’s burden to disprove abandonment; evidence on voluntary renunciation)