Thomas v. State
318 Ga. App. 849
Ga. Ct. App.2012Background
- Thomas convicted at trial of two counts of child molestation and one count of enticing a child for indecent purposes; he lived in the same house with the victim and her sister; victim was 11; multiple incidents alleged including exposure and sexual touching; State introduced four prior incidents of inappropriate conduct as prior difficulties; trial admitted the prior-difficulties evidence to show bent of mind and course of conduct; mother and forensics expert testified and the State's direct examination of the victim occurred; Thomas challenged admissibility, bolstering, and potential ineffective assistance of counsel; Georgia Supreme Court transferred and the Court of Appeals affirmed the denial of a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior difficulties evidence | Thomas contends constitutional rights violated by admitting prior-difficulties evidence. | State asserts no explicit balancing required; admissible for motive/intent and relationship. | Admissible; no reversible error. |
| Similarity requirement for prior incidents | Thomas argues pillow fight/buttocks incidents are not sufficiently similar. | Law permits nexus-based admissibility; not dependent on similarity to charged acts. | Admissible; demonstrates bent of mind and course of conduct. |
| Bolstering and comment on guilt | Testimony bolsters credibility and intrudes on jury’s fact-finding regarding guilt. | No plain error; testimony does not usurp jury’s role and is within limits for expert/lay testimony. | No plain error; no improper bolstering or impermissible comment on guilt. |
| Ineffective assistance of counsel | Counsel failed to object to bolstering, comments on guilt, and admission of prior-difficulties. | Counsel’s conduct was strategic and not deficient; evidence admissible. | No deficient performance; no prejudice; claims fail. |
Key Cases Cited
- Wall v. State, 269 Ga. 506 (1998) (admissibility framework for prior difficulties and probative value outweighs prejudice)
- Farley v. State, 265 Ga. 622 (1995) (probative value balancing inherent in admissibility of prior-difficulties)
- Stokes v. State, 289 Ga. 702 (2011) (nexus-based admissibility of prior difficulties; not strictly similar-transaction rule)
- Attaway v. State, 259 Ga. App. 822 (2003) (non-preferential treatment of relevant evidence that may affect character)
- Odom v. State, 243 Ga. App. 227 (2000) (expert testimony can bolster credibility of allegations without directly stating truthfulness)
- Handley v. State, 289 Ga. 786 (2011) (limits on bolstering; credibility assessment left to jury)