Salazar v. State
314 Ga. App. 83
| Ga. Ct. App. | 2012Background
- Salazar was convicted of aggravated stalking and sentenced to eight years on probation.
- She left her husband and two children in December 2008 after starting a relationship elsewhere.
- Her husband testified Salazar threatened him with a knife, restrained him, and refused to leave when asked.
- Salazar later retrieved the children, filed with DFCS alleging abuse, and obtained a 30-day ex parte order followed by a 12-month TPO in August 2009.
- Post-TPO, Salazar repeatedly called her husband from different numbers, threatened violence, and engaged in confrontations including a theater parking lot incident and property damage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Salazar challenges no, but argues on sufficiency? | State contends evidence supports conviction. | Evidence sufficient to sustain a conviction |
| Cross-examination on immigration status | Salazar sought to show bias via immigration status denial. | State limited scope; no abuse of discretion. | Trial court did not abuse discretion; permissible limits upheld |
| Admission of prior conviction evidence | Salazar argues prior simple battery evidence could show bias. | Court balanced prejudice vs probative value; limits proper. | Court did not abuse discretion in limiting recall of prior conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for criminal convictions)
- State v. Battaglia, 221 Ga. App. 283 (1996) (cross-examination discretion within limits)
- Sandoval v. State, 264 Ga. 199 (1994) (relevance of immigration status to charges)
- Lemons v. State, 270 Ga. App. 743 (2004) (bias and fabricating testimony considerations)
- Junior v. State, 282 Ga. 689 (2007) (limits on cross-examination consistency with prior rulings)
- Smith v. State, 277 Ga. 213 (2003) (cross-examination and evidentiary limits)