Walker v. State
308 Ga. App. 176
Ga. Ct. App.2011Background
- Walker, the step-grandfather of the victim S.T., was convicted of four counts of aggravated child molestation and three counts of child molestation.
- S.T. testified to molestation occurring between ages seven and eight; she was nine at trial.
- DNA on S.T.’s bed sheets and corroborating tests indicated seminal Fluid containing Walker’s DNA.
- Witnesses included S.T.’s relatives who described the family dynamics and S.T.’s placement, and the aunt who testified about S.T.’s statements.
- Walker challenged evidentiary rulings under the Rape Shield Statute, impeachment rules, hearsay constraints, and the trial court’s partial-verdict instruction.
- The Georgia Court of Appeals affirmed the convictions, finding no reversible error in the challenged rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rape Shield evidence admissibility | Walker argues S.T.’s exposure to his mother’s sexual material is relevant | State contends such material is irrelevant without showing relevance to the case | No error; evidence excluded as irrelevant under Rape Shield Statute |
| Impeachment of S.T.’s aunt | Walker sought to impeach the aunt with alleged abuse of S.T. | State blocked impeachment; alleged bias diminished | No error; trial court properly restricted impeachment; waiver and foundation issues were present |
| Hearsay testimony and necessity/trustworthiness | Aunt’s statements about deceased sister were used to attack credibility | Testimony was not hearsay, used to show credibility and bias | No error; testimony not admitted for truth of matter asserted, but to show credibility/bias |
| Partial-verdict instruction to foreperson | Instruction premature and coercive toward a verdict | Instruction allowed; similar to Disby approach; did not pressure verdict | No reversible error; instruction not inherently improper or coercive |
Key Cases Cited
- Gresham v. State, 281 Ga. App. 116 (2006) (appellate review of trial rulings in murder/sexual assault context)
- Cantrell v. State, 225 Ga. App. 680 (1997) (exposure of child to sexual material deemed irrelevant to molestation claims)
- Williams v. State, 266 Ga. App. 578 (2004) (exposure to pornography as knowledge basis for child’s testimony; limits on relevance)
- Archie v. State, 248 Ga. App. 56 (2001) (plain-error review for OCGA 17-8-57 violations; limits on commentary by trial court)
- Disby v. State, 238 Ga. 178 (1977) (Allen charge context; partial verdict and continued deliberation)