Westbrooks v. State
309 Ga. App. 398
Ga. Ct. App.2011Background
- In March 2006, five-year-old S.W. began living with her step-aunt and step-uncle after previously residing with her father and Westbrooks.
- S.W. disclosed to her step-uncle that Westbrooks touched her with his privates and made her perform oral sex.
- Forensic interviews at child advocacy centers documented S.W.'s detailed disclosures of molestation by Westbrooks.
- At trial, S.W. testified she lived at Westbrooks's home and that he touched her, but she did not provide detailed particulars.
- Westbrooks was indicted on one count of aggravated child molestation and three counts of child molestation and convicted on all four counts by the jury.
- Westbrooks moved for a new trial, which the trial court denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Westbrooks argues the victim's inconsistent statements undermine proof. | The State contends the Child Hearsay Act and corroborating testimony establish guilt beyond reasonable doubt. | Evidence sufficient; jury credibility determinations uphold convictions. |
| Admissibility of forensic interviewer testimony | Testimony improperly bolsters S.W.'s credibility. | Testimony is admissible and not improper bolstering under related precedents. | No improper bolstering; trial court did not abuse discretion. |
Key Cases Cited
- Goolsby v. State, 299 Ga.App. 330 (2010) (standard of review for sufficiency; no presumption of innocence on appeal)
- Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency standard: rational trier of fact could find guilt beyond reasonable doubt)
- Stillwell v. State, 294 Ga.App. 805 (2008) (authority on evaluating witness credibility on appeal)
- O'Neal v. State, 304 Ga.App. 548 (2010) (admissibility of expert testimony on child sexual-abuse dynamics; not bolstering)
- Amerson v. State, 268 Ga.App. 855 (2004) (limitations on bolstering and credibility assessments)