Wells v. State
309 Ga. App. 661
Ga. Ct. App.2011Background
- Wells was convicted after a jury trial of cruelty to children in the first degree, cruelty to children in the second degree, and aggravated battery.
- Wells served as J. R.’s caretaker and sometimes gave baths when the mother was absent.
- On the morning of July 16, 2006, the mother left J. R. with Wells and asked him to bathe the child.
- The mother returned to find J. R. in distress, with burns on the left side of his trunk and ear; Wells claimed the child had fallen in the tub.
- The mother opposed seeking immediate medical care, and Wells restrained her from calling for help and prevented hospital transport.
- J. R. was hospitalized for two weeks with second- and third-degree burns, dehydration, cellulitis, and significant scarring and required multiple surgeries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the first-degree cruelty to children conviction supported? | Wells argues the evidence fails to show malice or intent. | State argues evidence showed delayed medical care causing pain, showing malice. | Supported; evidence showed delay and pain sufficient for malice. |
| Was the second-degree cruelty to children conviction supported? | Wells contends the incident was accidental and lacks criminal negligence. | State asserts expert testimony supported criminal negligence and harmful act. | Supported; jury could credit expert and find criminal negligence. |
| Was the aggravated battery conviction supported? | Wells disputes the degree of bodily harm and causation. | State shows Burns and scarring meet aggravated battery criteria. | Supported; evidence showed serious disfigurement and lasting harm. |
Key Cases Cited
- Hill v. State, 243 Ga. App. 614 ((2000)) (evidence viewed in light most favorable to verdict; no credibility weighing)
- Jackson v. Virginia, 443 U.S. 307 ((1979)) (sufficiency standard; no weighing of evidence)
- Gore v. State, 277 Ga. App. 635 ((2006)) (malice may be shown by delaying medical treatment)
- Glenn v. State, 278 Ga. 291 ((2004)) (malice shown by deliberate harmful act; non-self-inflicted injuries considerations)
- Williams v. State, 285 Ga. App. 628 ((2007)) (evidence support for cruelty offenses; credibility for jury)
- Lee v. State, 275 Ga. App. 93 ((2005)) (sufficiency for aggravated battery; disfigurement and lasting harm)
- Mahone v. State, 293 Ga. App. 790 ((2008)) (conflicts in testimony resolved by jury; sufficiency standard)