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Thad Lee Ashleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1848
DecidedMarch 30, 2015
Reporter331 Ga. App. 794; 771 S.E.2d 462
JudgesCourt of Appeals of Georgia, sitting as a whole court; Presiding Judges Andrews, Barnes, and Doyle concurred; Judges Boggs, Ray, and Branch dissented; Judge McFadden authored the majority opinion
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsSufficiency of the EvidenceCharacter EvidenceReversalDissent
Case Summary

The prosecution arose after Ashley pulled a seven-year-old girl from a minivan and reached toward another child, conduct that led to kidnapping, attempted-kidnapping, vehicle-entry, and trespass verdicts. He challenged the sufficiency of the evidence and the admission of earlier conduct around children as similar-transaction evidence. The Court of Appeals held that the evidence was sufficient to support the convictions, but the earlier noncriminal conduct did not show the same intent as the charged acts and was not relevant to prove intent; its admission instead invited a character inference. Because the error was not harmless, the court reversed the convictions, concluded the evidence would permit retrial, and did not reach Ashley’s remaining claims. Presiding Judges Andrews, Barnes, and Doyle concurred; Judges Boggs, Ray, and Branch dissented, with Judge Ray writing for the dissenters.

Opinion

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