Powell v. the State
335 Ga. App. 565
| Ga. Ct. App. | 2016Background
- David Powell, a family friend known as "Uncle Dave," was convicted of two counts of child molestation based on incidents when the victim was 12 and 13.
- Victim testified that Powell rubbed his penis against her genitals in December 2010 and forced her to touch his penis and masturbated in her presence in April 2011; a forensic interview of the victim was recorded and played for the jury.
- The victim’s mother and the forensic interviewer corroborated that the victim gave consistent accounts to them; police interviews of Powell included admissions that he drove the victim to school, that she touched his penis on one occasion, and that he lay down with her in her bedroom.
- Powell moved for a new trial arguing (1) insufficient evidence and (2) admission of irrelevant testimony by a forensic investigator that bolstered the victim’s credibility; the trial court denied the motion.
- On appeal Powell renewed the insufficiency and evidentiary arguments; the Court of Appeals reviewed the evidence in the light most favorable to the verdict and addressed preservation of the evidentiary objection.
Issues
| Issue | Powell's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of child molestation | Victim testimony conflicted with Powell’s statements and lacked corroboration; evidence was insufficient | Victim’s testimony alone can support conviction; jury heard Powell’s admissions and corroborating testimony | Affirmed — evidence sufficient for rational jury to convict |
| Admission of forensic investigator’s opinion on victim’s developmental level | Testimony was irrelevant and improperly bolstered victim’s credibility | Testimony was relevant to interview technique and did not comment on veracity; objection not preserved at trial | Affirmed — objection waived; even if reviewed, testimony did not impermissibly vouch for credibility |
Key Cases Cited
- Wallace v. State, 294 Ga. App. 159 (discussing standard of appellate review and viewing evidence for sufficiency)
- Strong v. State, 265 Ga. App. 257 (Jackson sufficiency standard and jury’s role resolving conflicts)
- Jackson v. Virginia, 443 U.S. 307 (establishing the standard for sufficiency of the evidence)
- Scales v. State, 171 Ga. App. 924 (no corroboration required for child molestation conviction)
- Chamblee v. State, 319 Ga. App. 484 (child’s testimony alone sufficient to support verdict)
- Noe v. State, 287 Ga. App. 728 (prohibiting witness testimony that directly vouches for another witness’s truthfulness)