Walker v. State
707 S.E.2d 122
Ga. Ct. App.2011Background
- Walker was convicted of four counts of aggravated child molestation and three counts of child molestation.
- S.T. is Walker's step-granddaughter; she testified to molestation by Walker between ages seven and eight, trial at age nine.
- DNA testing on S.T.'s sheets showed Walker's seminal fluid; the State presented testimony of grooming acts and repeated sexual contact.
- The defense sought to introduce rape-shield and impeachment evidence, which the trial court largely barred or limited.
- Walker challenged evidentiary rulings and a jury-verdict instruction as error; the appellate court upheld the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rape Shield evidence admissibility on victim’s sexual knowledge | Walker contends prior sexual knowledge material is relevant | State argues it is irrelevant and prejudicial | No error; evidence excluded for lack of relevance |
| Impeachment of S.T.'s aunt and bias concerns | Walker argues aunt bias could be proved by past abuse of S.T. | State contends trial rulings properly limited collateral bias | No error; rulings upheld; any plain-error claim rejected |
| Admission of hearsay via aunt's testimony about sister’s allegations | Aunt's statements were hearsay intended to attack grandmother’s credibility | Testimony was not hearsay but admissible as original evidence to explain conduct | Not hearsay; properly admitted as original evidence under OCGA § 24-3-2 |
| Jury verdict instruction on partial verdict and timing | Instruction premature and coercive; pressured jurors to decide | Instruction permissible; akin to Disby v. State guidance | Instruction not erroneous; affirmed partial/full verdict process |
Key Cases Cited
- Harris v. State, 257 Ga. 666 (1987) (rape shield promotes truth-seeking; limits prejudicial evidence)
- Cantrell v. State, 225 Ga. App. 680 (1997) (exposure to sexual activity irrelevant to molestation claims)
- Roberts v. State, 286 Ga. App. 346 (2007) (reasonable probability of falsity standard; abuse of discretion review)
- Disby v. State, 238 Ga. 178 (1977) (Allen-type consideration of verdict timing; discretionary)