Taylor v. State
328 Ga. App. 551
Ga. Ct. App.2014Background
- Taylor was convicted of kidnapping and aggravated sodomy after a jury trial and appeals challenging venue, plain error in a jury instruction, and admission of prior acts evidence.
- The victim dated Taylor for years and they have two children; their relationship ended in 2005.
- On December 22, 2007, Taylor abducted the victim in Dooly County, transported her in a car trunk, then drove to a wooded area and forced her to perform oral sex while blindfolded and handcuffed.
- The victim was rescued by friends after the boyfriend notified authorities; she was visibly shaken when interviewed by police.
- The State introduced evidence that Taylor had previously broken into the victim’s house about two years earlier.
- The appellate court held that venue was proven under OCGA § 17-2-2(h), that the jury instruction on venue was not plain error, and that the prior-difficulties evidence was admissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue sufficiency for aggravated sodomy | Taylor argues venue could not be proven beyond reasonable doubt. | State could have determined venue from the route or other evidence; venue should be proper. | Venue proven under OCGA § 17-2-2(h). |
| Plain error in venue jury instruction | Instruction on venue was plain error. | Instruction was proper; no plain error. | No plain error; instruction correct. |
| Admissibility of prior difficulties evidence | Evidence of prior break-in was irrelevant or prejudicial failure to require proper connection. | Prior acts show relationship, motive, and bent of mind; admissible even without strong similarity. | Admissible; court did not abuse discretion. |
Key Cases Cited
- Bundren v. State, 247 Ga. 180 (1981) (venue framework when the place cannot be determined)
- Hinton v. State, 280 Ga. 811 (2006) (OCGA § 17-2-2(h) does not violate venue mandate)
- Arnold v. State, 284 Ga. App. 598 (2007) (testimony can establish venue when exact location uncertain)
- Stockard v. State, 327 Ga. App. 184 (2014) (limits on determining venue when evidence of location is lacking)
- Rogers v. State, 298 Ga. App. 895 (2009) (law enforcement knew offenses location; venue determination different)
- Thompson v. Brown, 288 Ga. 855 (2011) (situations where venue can be determined from informant or route)
- Dixon v. State, 275 Ga. 232 (2002) (prior acts relevant to relationship, motive, or bent of mind)
- Thompson v. State, 295 Ga. 96 (2014) (prior difficulties evidence admissible to show relationship and context)
- Leftwich v. State, 299 Ga. App. 392 (2009) (venue is a jury question if any evidence supports it)