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Statev.Grube

CourtSupreme Court of Georgia
Docket No.S12G1565
DecidedJune 3, 2013
Reporter293 Ga. 257; 744 S.E.2d 1; 13 Fulton County D. Rep. 1693; 2013 WL 2371789; 2013 Ga. LEXIS 487; 13 FCDR 1693
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureConstitutional LawDue ProcessDouble JeopardyStatutory InterpretationReversal
Case Summary

Timothy Grube responded to an online advertisement posted by an undercover officer posing as a fourteen-year-old girl named Tiffany. After exchanging explicit communications, he arranged to meet Tiffany for sex and was arrested when he arrived. The State charged him with computer enticement and attempted child-molestation offenses. Grube argued that the indictment was defective because it identified Tiffany as a person believed by him to be a child rather than naming an actual victim. The Supreme Court of Georgia reversed the dismissal of the indictment. An indictment must state the essential elements, give the accused notice of the charges, and permit a later determination of whether a subsequent prosecution involves the same offense. The court held that the alias Tiffany identified the only persona known to Grube and, together with the description of what he believed, sufficiently informed him of the evidence he would face. The indictment also described the relevant communications and conduct with enough precision to protect against double jeopardy. The fictitious nature of the undercover persona was a matter for proof at trial, not a defect requiring dismissal. The indictment therefore satisfied constitutional due process, and the case was returned for further proceedings.

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