Strozier v. State
314 Ga. App. 432
| Ga. Ct. App. | 2012Background
- Convicted by jury of forcible rape in Georgia; Strozier was 15 at time of offense in May 1995.
- Three co‑defendants testified they initially encountered the victim on the street and entered a wooded area together.
- Victim testified she was dragged, beaten, and raped by Strozier and Patrick McFarland; she denied soliciting sex for drugs.
- Other witnesses (Carwell, Willie McFarland) described the victim resisting and Strozier and McFarland assaulting her.
- Physician testified to injuries consistent with nonconsensual intercourse; victim required nearly two weeks of hospitalization.
- Strozier sought disclosure of an informant who witnessed prelude to the assault; trial court denied after in camera review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the informant's identity must be disclosed | Strozier argues informant witnessed events; disclosure required | State asserts informant was merely a tipster, not eyewitness/participant | Informant privilege applies; no disclosure required |
| Whether the evidence supports forcible rape conviction | Victim’s account inconsistent; credibility issue for jury | Evidence, including witnesses and physician, supports conviction | Sufficient evidence to sustain forcible rape conviction |
| Whether venue was properly established | Prosecution failed to prove venue | Victim identified location in trial; testimony supports venue | Venue proven beyond reasonable doubt |
Key Cases Cited
- Powell v. State, 310 Ga.App. 144, 712 S.E.2d 139 (Ga. App. 2011) (guides appellate review of sufficiency and preservation issues)
- Leonard v. State, 228 Ga.App. 792, 492 S.E.2d 747 (Ga. App. 1997) (informant privilege and in camera proceedings)
- Roviaro v. United States, 353 U.S. 53, 1 L. Ed. 2d 39 (1957) (Supreme Court) (balancing test for informant disclosure)
- Thornton v. State, 238 Ga. 160, 231 S.E.2d 729 (Ga. 1977) (informant-witness disclosure interplay with Brady v. Maryland)
- Moore v. State, 187 Ga.App. 387, 370 S.E.2d 511 (Ga. App. 1988) (informant-disclosure considerations in some contexts)