State v. Parks
350 Ga. App. 799
Ga. Ct. App.2019Background
- Parks was convicted (aggravated child molestation; contributing to delinquency) after a 2014 trial for acts alleged to have occurred July 25 and July 30, 2012 involving a 14-year-old complaining witness (K.P.).
- At trial the State played a recorded pre-test polygraph interview in which the GBI examiner (Rushton) described facts she learned from investigators, urged Parks to admit conduct, and noted he asked for an attorney before a polygraph was completed.
- The jury heard testimony about an uncharged anal sodomy alleged to have occurred on July 30 (other-acts evidence) and convicted Parks of some counts but acquitted on oral sodomy; he received life imprisonment.
- Parks moved for a new trial arguing (inter alia) the trial court erred by admitting evidence of his polygraph refusal and the recorded examiner statements, and by excluding evidence that K.P. previously made a false allegation against her brother; he also cross-appealed admission of the July 30 other-act.
- The successor judge granted a new trial, finding admission of the polygraph refusal and the examiner’s recorded testimony (no firsthand knowledge, credibility opinions) was erroneous and that exclusion of the prior-false-allegation evidence was error; he also found opening-statement comments improper and noted untranscribed bench conferences.
- The Court of Appeals: affirmed grant of a new trial based on polygraph-related errors; reversed the successor court’s ruling that exclusion of prior-false-allegation evidence required a new trial; remanded guidance on Rule 404(b) analysis for the other-acts issue (but declined to remand solely for that because a new trial was already ordered).
Issues
| Issue | State's Argument | Parks' Argument | Held |
|---|---|---|---|
| Admissibility of evidence that Parks declined/failed to complete a polygraph and played recorded pre-test interview | Admission was proper; Parks waived objections by not timely objecting at trial | Admission of polygraph refusal and recorded examiner statements was inadmissible and highly prejudicial | Admission of the refusal and the examiner’s recorded testimony was legal error (plain and obvious); error affected substantial rights; new trial affirmed on these grounds |
| Examiner testifying via recording to facts from investigators and opining on credibility | Recorded pre-test interview admissible; no plain error waiver | Examiner lacked firsthand knowledge and improperly vouched/assessed credibility; inadmissible hearsay/opinion | Recorded interview testimony was inadmissible (examiner had no firsthand knowledge and improperly opined on credibility); contributed to granting new trial |
| Exclusion of evidence that K.P. previously made a false allegation against her brother | Trial court properly excluded because defendant failed to show a "reasonable probability" that prior allegation was false | Evidence should have been admitted to impeach K.P. (prior false allegation) | Reversed successor court: trial court did not abuse discretion in excluding the prior-allegation evidence (defendant failed to show reasonable probability of falsity) |
| Admission of other-acts evidence (uncharged July 30 anal sodomy) | Admissible as continuing course of conduct (and alternatively under Rule 404(b)) | Inadmissible under new Evidence Code; continuing-course exception eliminated; any 404(b) admission must meet three-part test | Trial court erred to the extent it admitted the evidence as continuing course; appellate court reversed the reviewing court’s 404(b) approval and instructed the trial court to apply the Rule 404(b) three-part test at retrial if State seeks to introduce it |
Key Cases Cited
- Hall v. State, 226 Ga. App. 298 (polygraph-refusal evidence is not admissible)
- Brown v. State, 175 Ga. App. 246 (evidence of refusal to submit to polygraph inadmissible even if stipulated)
- Green v. State, 266 Ga. 237 (witness must testify from firsthand knowledge)
- Dukes v. State, 224 Ga. App. 305 (investigators bound by hearsay rule; cannot testify to fruits of investigation without firsthand knowledge)
- Shelton v. State, 251 Ga. App. 34 (witnesses may not opine that a party or victim is lying; credibility is jury province)
- Adams v. State, 344 Ga. App. 159 (plain-error framework for unobjected-to evidentiary rulings)
- Woodard v. State, 296 Ga. 803 (distinction between waiver and forfeiture in plain-error review)
- Cheddersingh v. State, 290 Ga. 680 (affirmative waiver requires intentional relinquishment of a known right)
- Williams v. State, 266 Ga. App. 578 (threshold for admitting evidence of prior false allegations; reasonable probability of falsity standard)
- Chambers v. State, 240 Ga. 76 (limitations on reliability of polygraph evidence)
- State v. Atkins, 304 Ga. 413 (Rule 404(b) three-part admissibility test and trial-court articulation requirement)
- State v. Jones, 297 Ga. 156 (trial court must evaluate probative value vs. undue prejudice for other-acts evidence)