Puckett v. State
310 Ga. App. 153
| Ga. Ct. App. | 2011Background
- Puckett was convicted of one count of child molestation after a jury trial in Georgia.
- He lived with his wife Leila and C.P., Leila’s minor daughter, in a basement apartment owned by Leila’s parents.
- Virginia, Leila’s mother, observed Puckett touching C.P. on her thigh and vaginal area and reported it.
- Puckett admitted to officers that he had been touching C.P. for about six months and became aroused by her nudity after baths.
- On appeal, Puckett challenged several evidentiary rulings, and the Court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cross-examination on alleged false accusation | Puckett sought to show Virginia’s alleged prior false accusation against Leila. | Such cross-examination is relevant to bias under OCGA § 24-9-68. | No abuse; evidence excluded as too tenuous and not probative. |
| Admission of hearsay about another child touching CP | The 2007 daycare touching allegation would rebut possible defense in a medical context. | The evidence is relevant and would negate inference tying Puckett’s hand to the infection. | Exclusion affirmed for lack of reliability and relevance. |
| Reference to Puckett’s prior sexual assault of himself | The prior assault testimony could be used to rebut defenses and show pattern. | Reference to prior assault improperly places character at issue. | Waiver; no plain error; evidence did not substantially affect fairness; upheld admission. |
Key Cases Cited
- In the Interest of M.G., 239 Ga.App. 787 (1999) (cross-exam on prior false allegations; relevance concerns)
- Nelson v. State, 279 Ga.App. 859 (2006) (trial court broad discretion in child hearsay evidence)
- Anthony v. State, 275 Ga.App. 274 (2005) (admissibility of evidence; appellate standards)
- Putnam v. State, 231 Ga.App. 190 (1998) (plain- error/bolstering considerations; physical precedent only)
- Tyler v. State, 266 Ga.App. 221 (2004) (evidence elicitation and trial court comments; related errors)
- Woodard v. State, 269 Ga. 317 (1998) (child hearsay reliability; constitutional concerns)