Tabb v. State
313 Ga. App. 852
| Ga. Ct. App. | 2012Background
- Tabbs were indicted for cruelty to children in the first degree involving their minor son D.W.
- Melvin was charged individually and jointly with Leilani on two counts; the first for use of an extension cord (Nov 1–11, 2008) and the second for beating with a belt (Nov 13, 2008).
- Trial occurred with Leilani challenging a directed verdict; Melvin challenged ineffective assistance of counsel on the jury charge.
- D.W. presented medical and witness testimony showing extensive injuries and patterns consistent with belt/ext cord abuse, including bruising and pain.
- Leilani was present during at least one beating and had prior participation in belt-related abuse, with undisputed knowledge of abuse patterns.
- Trial court denied motions; jury found both defendants guilty as charged; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Leilani’s party liability | Leilani argues no proof of aiding or intent | State argues Leilani acted as a party with knowledge | Evidence supported party liability judge did not err |
| Ineffective assistance re: justifiable parental discipline instruction | Melvin argues defense should have objected | State contends instruction was proper and tailored to evidence | No merit; instruction properly adjusted to case; no ineffective assistance |
Key Cases Cited
- Delacruz v. State, 280 Ga. 392 (2006) (criminal intent may be inferred from conduct before, during, after crime)
- Porter v. State, 243 Ga.App. 498 (2000) (evidence of ongoing abuse can support party liability)
- Glenn v. State, 278 Ga. 291 (2004) (presence insufficient; must show intentional aid or involvement)
- LaPann v. State, 191 Ga.App. 499 (1989) (justifiable parental discipline defense requires reasonable discipline)
- Woodson v. State, 242 Ga.App. 67 (2000) (judge may tailor jury instruction to evidence)
- McClellan v. State, 274 Ga. 819 (2002) (cruel or excessive pain for jury determination)
- Johnson v. State, 269 Ga. 632 (1998) (concerning party liability standard)
- Smith v. State, 288 Ga. 348 (2010) (pattern of conduct may support liability as a party)
- Martin v. State, 299 Ga.App. 845 (2009) (standard for directed verdict review)