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Freemanv.State

CourtCourt of Appeals of Georgia
Docket No.A23A0174
DecidedMarch 3, 2023
Reporter367 Ga. App. 57; 885 S.E.2d 27; 2023 Ga. App. LEXIS 110; 2023 WL 2341883
JudgesMCFADDEN, Presiding Judge. Brown and Markle, JJ., concur.
Tags
CriminalRapeBurglaryAggravated AssaultMotion in LimineIneffective Assistance of CounselTales From the CryptMurder & Mayhem
Case Summary

A masked intruder attacked a woman at home at night, raping and beating her, dragging her through the house, and turning on a curling iron after she begged him not to hurt her. DNA and injuries corroborated her account. A jury convicted Christopher Freeman of rape, burglary, aggravated assault, and robbery by force; he appealed denial of a new-trial motion. The aggravated-assault count alleged he threatened to burn her with the curling iron. The Court of Appeals held that, within the violent attack and her fear, turning it on was a substantial step placing her in reasonable apprehension of immediate injury, although he never picked it up. Freeman sought questioning about prior sexual activity, claiming presumptive semen on underwear conflicted with her out-of-court email saying she had not had sex for five days. The underwear was not tested, no source was shown, and she never testified about the email; no rape-shield exception applied and the evidence would not impeach her trial testimony. Though the motion was untimely, the trial court considered and correctly denied it, so counsel’s failure to give notice caused no prejudice. The convictions were affirmed.

Opinion

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