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Mohammed Azozz Maqroufv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A1850
DecidedMarch 6, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceOther-Acts EvidenceReversalRemand
Case Summary

Mohammed Maqrouf was convicted of first-degree cruelty to a child after an incident in which he kicked his young daughter during an argument with the child’s mother. At trial, the State also presented testimony that Maqrouf later molested another daughter and had committed other domestic violence. The Court of Appeals reversed. Evidence of the later child-molestation accusation was not properly admissible as prior-difficulty or other-acts evidence, and its highly prejudicial character created a reasonable probability that it contributed to the verdict. The State’s remaining evidence was sufficient to support a retrial, including testimony from the child and mother and photographs of injuries, so the reversal did not bar a new trial. Because the evidentiary error required reversal, the court did not reach Maqrouf’s challenge to the requested lesser-included-offense instruction.

Opinion

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Mohammed Azozz Maqrouf V. The State — The Atlanta Gleaner