Mark Futchv.The State
Mark Futch was convicted after a bench trial of family-violence battery and influencing a witness. His estranged wife testified that he put his hand on her neck at a Walmart and threatened to kill her, their daughter, and himself, and later told her he would kill her if she testified. She also described three other incidents of domestic abuse. The Georgia Court of Appeals affirmed the influencing-a-witness conviction but reversed the battery conviction. The court held that the wife’s testimony that Futch put his hand on her neck, without evidence of pain, substantial physical harm, or visible bodily injury, did not prove the severity of harm required for battery rather than simple battery. The trial judge was nevertheless entitled to credit the wife’s testimony about the later threat even after finding that portions of her testimony were untruthful; a factfinder may accept some parts and reject others. The court also upheld admission of the prior and subsequent abuse incidents because they illuminated the relationship, motive, intent, and bent of mind, and a bench trial carries a presumption that the judge considered only admissible evidence. The judgment was affirmed in part and reversed in part.
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