Robinson v. State
308 Ga. App. 562
Ga. Ct. App.2011Background
- Robinson was charged with three counts of child molestation and three counts of sexual battery; the jury found him guilty of two counts each and acquitted the other two.
- Robinson appealed the denial of his motion for a new trial, arguing three trial errors and ineffective assistance-of-counsel claims.
- At trial, testimony about the victim’s sister’s sexual conduct was introduced and later struck as violating the rape shield statute, with a curative instruction given.
- The trial court concluded the rape shield statute barred the evidence and misapplied OCGA § 24-2-3 (a); the court instructed the jury to disregard the evidence.
- Abdulkadir v. State (Georgia Supreme Court) held the rape shield statute applies only to prosecutions for rape, not child molestation, and the legislature later amended the statute accordingly.
- The appellate court vacated Robinson’s convictions and remanded for a new trial, noting potential double jeopardy concerns for counts acquitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rape shield instruction was proper | Robinson | Robinson | Yes; error to apply the shield to child molestation; vacate convictions |
| Whether the trial court erred by striking the sister’s sexual conduct testimony under the shield statute | Robinson | Robinson | Yes; improper application of OCGA § 24-2-3 (a); violation requires remand |
| Whether the State’s alleged misapplication of the rape shield statute affected the verdict | Robinson | Robinson | Undetermined harm; verdict vacated due to uncertain impact of excluded evidence |
Key Cases Cited
- Abdulkadir v. State, 279 Ga. 122 (2010) (rape shield applies only to rape prosecutions; statutory interpretation governs scope)
- Purvis v. State, 301 Ga. App. 648 (2009) (dicta on exceptions to past sexual behavior evidence in child molestation cases)
- Gresham v. State, 281 Ga. App. 116 (2006) (discussed rape shield/child molestation evidentiary issues in prior decisions)
- Cantu v. State, 304 Ga. App. 655 (2010) (rape shield applicability to aggravated child molestation prosecutions)