Thompson v. State
321 Ga. App. 756
| Ga. Ct. App. | 2013Background
- Thompson was convicted after a jury trial of aggravated child molestation and two counts of child molestation; post-trial motion for new trial denied.
- Thompson appeals solely challenging the trial court’s overruling of an objection to improper bolstering by the prosecutor in closing argument.
- Prosecutor asserted the psychologist’s credibility by arguing she wouldn’t lie, implying she supported the victim’s account, during closing.
- Thompson argued the psychologist never opined on truthfulness; the State contended the psychologist testified to findings, inviting inferences about credibility.
- Trial court ruled the bolstering claim waived and that the remarks were not improper bolstering; the court ultimately affirmed on the merits.
- On appeal, the court held prosecutors have wide latitude in closing, and the remarks did not improperly bolster but reinforced reasonable inferences from forensic findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether closing bolstering was improper | Thompson argues the prosecutor bolstered credibility of the psychologist | State contends remarks drew reasonable inferences from evidence, not endorsing truthfulness | Not improper; comments reinforced admissible inferences |
| Waiver of improper-bolstering claim | Thompson preserved the objection at trial | Trial court found waiver due to ground not raised at trial | Waiver not deemed fatal; ruling upheld as correct |
| Scope of prosecutorial closing argument | Prosecutor overstepped by implying psychologist’s veracity | Remarks linked to psychologist’s forensic findings, not her truthfulness | Within broad latitude to emphasize evidence and inferences |
Key Cases Cited
- Brown v. State, 293 Ga. App. 633 (2008) (prosecutorial closing argument latitude and inference-based credibility)
- Odom v. State, 243 Ga. App. 227 (2000) (recognizes bolstering considerations and related standards)
- Drammeh v. State, 285 Ga. App. 545 (2007) (standard for reviewing sufficiency under favorable view of jury verdict)
- Pearce v. State, 300 Ga. App. 777 (2009) (remarks on clinical testimony related to child abuse without bolstering)