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Alethea Grahamv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1560
DecidedMarch 6, 2015
Reporter331 Ga. App. 36; 769 S.E.2d 753
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Judge McFadden authored the opinion
Tags
CriminalCriminal ProcedureEvidenceHearsayConfrontation ClauseJury InstructionsSufficiency of the EvidenceAppellate ProcedureRemand
Case Summary

A jury convicted Alethea Graham of first-degree forgery after evidence showed that she presented a falsified guardianship document purporting to appoint her guardian of her injured father. Graham challenged the conviction on multiple grounds, including evidentiary sufficiency, hearsay, the constitutionality of the forgery statute, the meaning of “utter,” appeal bond, and constitutional speedy trial. The Court of Appeals of Georgia affirmed most of the judgment. Circumstantial evidence was sufficient because the document named Graham, represented herself as acting as her father’s guardian, and witnesses and probate records showed that the letters were fabricated and had been presented to obtain access to the father’s affairs. Testimony about what a hospital employee told others was admitted to explain the investigation, not for the truth of the statement, so it was not hearsay or a Confrontation Clause violation. Graham’s constitutional vagueness challenge was waived because it was raised too late, and the jury instruction treating “utter” as synonymous with “pass or tender” correctly stated Georgia law. The court also found no abuse of discretion in denying appeal bond. It remanded, however, because the trial court had not entered the findings and conclusions required to evaluate Graham’s speedy-trial claim under Barker. The conviction remained affirmed while the speedy-trial issue returned for a proper order.

Opinion

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Alethea Graham v. The State — The Atlanta Gleaner