Spradling v. State
310 Ga. App. 337
| Ga. Ct. App. | 2011Background
- In 2008 Spradling lured two boys, C.W. (12) and C.H. (9), to his home under a guise involving C.W.'s mother, and refused to return them to their relative.
- He coerced them to drink beer, smoke, and run around naked, then touched their bodies, including buttocks and anuses, and threatened harm if they disclosed the conduct.
- C.H. reported a prior abuse incident; later, evidence showed Spradling also penetrated C.H.'s anus with his penis and finger in a separate episode.
- Trial evidence included videotaped interviews, children’s body drawings showing areas of contact, and a nurse examiner's findings of anal irritation and scarring.
- Additional corroborating items from Spradling’s home included beer bottles with a label starting with 'N' and an empty Bronco cigarette pack, aligning with the children’s accounts.
- The State submitted a certified California record (indictment, plea, sentence) showing prior sexual offenses against a male child, to establish similarity for admissibility of similar-transaction evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar-transaction evidence | Spradling contends no similarity shown between prior and current offenses. | State argues the California records suffice to prove similarity in sex crimes against a child. | Certified California records established similarity and conviction; admissible. |
| Waiver/preservation of nolo contendere issue | OCGA § 17-7-95(c) prohibits using a nolo contendere plea as similar-transaction evidence. | Waiver due to failure to object at trial; not preserved on appeal. | Issue waived; not preserved for review. |
Key Cases Cited
- Williams v. State, 261 Ga. 640 (1991) (require more than a mere certified conviction to prove similarity)
- Washington v. State, 286 Ga.App. 268 (2007) (liberal admissibility of sexual offenses against minors as similar transactions)
- Parker v. State, 283 Ga.App. 714 (2007) (same; broad admissibility of similar-transaction evidence in sex crimes)
- Lee v. State, 241 Ga.App. 182 (1999) (convictions in foreign tribunals may prove conviction despite nomenclature differences)
- Arrington v. State, 286 Ga. 335 (2009) ( State may comment on properly admitted similar-transaction evidence)
- McIntyre v. State, 302 Ga.App. 778 (2010) (contemporaneous objection rule preservation of error)