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Timothy Palmerv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1941
DecidedMarch 3, 2015
Reporter330 Ga. App. 870; 769 S.E.2d 600
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Presiding Judge Barnes authored the opinion
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsStatutory InterpretationReversalRemand
Case Summary

A jury convicted Timothy Palmer of two counts of aggravated child molestation and statutory rape, although it acquitted him of aggravated sexual battery and child molestation. On appeal, Palmer argued that the trial court violated Georgia law by instructing the jury that the circumstances of a child’s statements describing sexual abuse had sufficient indicia of reliability. The Court of Appeals of Georgia agreed. OCGA § 17-8-57 prohibits a judge from expressing or intimating an opinion about what has been proved or the accused’s guilt, and the challenged instruction could reasonably convey the judge’s view that the child’s account should be credited. Under controlling Georgia precedent, a violation required a new trial even without a defense objection and could not be treated as harmless error. The court therefore reversed Palmer’s convictions and remanded for a new trial. It did not reach his arguments concerning venue or ineffective assistance of counsel because those issues would not alter the required retrial, and it concluded that retrial was not barred by double jeopardy.

Opinion

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Timothy Palmer v. The State — The Atlanta Gleaner