Rayner v. State
706 S.E.2d 205
Ga. Ct. App.2011Background
- Rayner was convicted after a jury trial of child molestation, criminal attempt to commit rape, and false imprisonment.
- The victim, CP, was fourteen at trial; she testified about abuse occurring when she was around nine.
- CP and Rayner were related as uncle and niece; CP visited Rayner's home where abuse allegedly occurred.
- Charlene, CP’s mother, testified about outcry, family dynamics, and lack of support for reporting.
- The state introduced evidence of prior difficulties between Rayner and CP, including other touching incidents.
- Rayner challenged the court’s jury instructions, expert-witness limitations, and admissibility/-cross-examination of prior-allegation evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of prior-difficulties instruction | Rayner contends instruction telegraphed guilt on prior difficulties. | State asserts instruction authorized by evidence of prior acts. | Instruction supported by evidence; no error. |
| Limitation on expert testimony | Rayner argues expert testimony restricted unfairly, especially about interviewing techniques. | Cross-examiner limited on witness truthfulness; restrictions within trial court discretion. | No reversible error; discretion exercised properly. |
| Admission of prior false-allegation evidence | Rayner claims trial court erred by excluding prior-false-allegation evidence. | Court properly required pre-trial determination of falsity; no false allegations found. | No error; threshold determination supported admissibility framework. |
| Cross-examination about grandmother's statements | Rayner sought extensive cross-examination of grandmother regarding credibility. | Hearsay and scope limits limited cross-exam; admissibility properly restricted. | No reversible error; any harm lacking given other credibility evidence. |
Key Cases Cited
- Newsome v. State, 289 Ga.App. 590 (Ga. App. 2008) (pattern jury charge approved)
- Stillwell v. State, 294 Ga.App. 805 (Ga. App. 2008) (prior molestation evidence admissible for motive/intent)
- Hammontree v. State, 283 Ga.App. 736 (Ga. App. 2007) (prior difficulties admissible)
- Roberson v. State, 214 Ga.App. 208 (Ga. App. 1994) (witness credibility and cross-examination)
- Barlow v. State, 270 Ga. 54 (Ga. 1998) (expert testimony admissibility)
- Osborne v. State, 291 Ga.App. 711 (Ga. App. 2008) (prior similar acts evidence; admissibility standards)
- Ashe v. State, 285 Ga. 359 (Ga. 2009) (evidence sufficiency; victim testimony enough)
- Goldstein v. State, 283 Ga.App. 1 (Ga. App. 2006) (pre-trial admissibility special considerations)
- Davis v. State, 221 Ga.App. 131 (Ga. App. 1996) (credibility and sufficiency considerations)
- Barnes v. State, 299 Ga.App. 253 (Ga. App. 2009) (victim testimony sufficient alone to sustain conviction)