Thompson v. State, 442 S.E.2d 771 (Ga. Ct. App. 1994). · Go Syfert
Thompson v. State, 442 S.E.2d 771 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
30 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Willis v. State (ga, 2018-10-22)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Willis v. State
Ga. · 2018 · confidence medium
The following on or referred cases in to the holdings from the Court Harris of Appeals and Fortson: are v. Coffee also overruled State, orApp. 347 Ga. disapproved 443, 443to(1) the(820 extent that79) SE2d they relied (2018); DeSantos v. State, 345 Ga. App. 545 , 549 (1) & n.3 ( 813 SE2d 782 ) (2018); Budhani v. State, 345 Ga. App. 34 , 40 (2) n.6 ( 812 SE2d 105 ) (2018); Scarpaci v. Kaufman, 328 Ga. App. 446, 446 ( 762 SE2d 172 ) (2014); Wheeler v. State, 327 Ga. App. 313, 316 (1) n.6 ( 758 SE2d 840 ) (2014); Futch v. State, 326 Ga. App. 394, 398 (1) (c) ( 756 SE2d 629 ) (2014); Carter v. Stat…
examined Cited as authority (rule) Tompkins v. State (3×) also: Cited "see"
Ga. Ct. App. · 2004 · confidence medium
And subsection (d) establishes a two-year statute of limitation for misdemeanors. [12] Womack v. State, 260 Ga. 21 (2), 389 S.E.2d 240 (1990). [13] See Thompson v. State, 212 Ga.App. 175, 176 (2), 442 S.E.2d 771 (1994). [14] OCGA § 17-3-2.1(a). [15] (Citations omitted.) Lee v. State, 232 Ga.App. 300, 301 (1), 501 S.E.2d 844 (1998). [16] See Mobley v. State, 219 Ga.App. 789, 790 (2), 466 S.E.2d 669 (1996). [17] OCGA § 17-3-1(c). [18] See Mobley, supra (court properly limited jury's consideration to portion of the indictment alleging acts within statute of limitation). [19] See Wallace v. Stat…
discussed Cited as authority (rule) Dean v. State
Ga. Ct. App. · 2001 · confidence medium
J., and Pope, P. J., concur. 1 (Citation and punctuation omitted.) Hutchinson v. State, 232 Ga. App. 368, 369 ( 501 SE2d 873 ) (1998). 2 Id. 3 (Citation and punctuation omitted.) Jones v. State, 226 Ga. App. 420, 423-424 (3) ( 487 SE2d 56 ) (1997). 4 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 “A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.” OCGA § 16-6-4(a). 6 Irby v. State,…
cited Cited as authority (rule) Long v. State
Ga. Ct. App. · 1999 · confidence medium
Thompson v. State, 212 Ga. App. 175, 176 (2) ( 442 SE2d 771 ). 2.
cited Cited as authority (rule) Scruggs v. State
Ga. Ct. App. · 1997 · confidence medium
Thompson v. State, 212 Ga. App. 175, 176 (1) ( 442 SE2d 771 ) (1994).
discussed Cited as authority (rule) Woods v. State (2×)
Ga. Ct. App. · 1996 · confidence medium
See Denison v. State, 258 Ga. 690, 691 (4) ( 373 SE2d 503 ) (1988) (part-time police officers not automatically excluded); Wilson v. State, 250 Ga. 630, 635 (4) ( 300 SE2d 640 ) (1983) (no automatic exclusion for reserve police officers); Thompson v. State, 212 Ga. App. 175, 176 (1) ( 442 SE2d 771 ) (1994) (full-time corrections officers without arrest powers not automatically excluded); Smith v. State, 201 Ga. App. 82 (1) ( 410 SE2d 202 ) (1991) (automatic exclusion inapplicable to retired police officers); and Dixon v. State, 180 Ga. App. 222, 225 (5) ( 348 SE2d 742 ) (1986) (security guards…
discussed Cited "see, e.g." Eddie Crawford v. State (2×)
Ga. Ct. App. · 2024 · signal: see also · confidence low
See also Thompson v. State, 212 Ga. App. 175 (1) ( 442 S.E.2d 771 ) (1994), overruled on other grounds byWillis, 304 Ga. at 706 (11) (a), n. 3. 15 271 Ga. 829 ( 524 SE2d 490 ) (1999).
Retrieving the full opinion text from the archive…
Thompson
v.
the State
A93A2521.
Court of Appeals of Georgia.
Feb 24, 1994.
442 S.E.2d 771
1994 Ga. App. LEXIS 211
David L. Whitman, for appellant., Daniel J. Porter, District Attorney, Brenda J. Bernstein, Assistant District Attorney, for appellee.
Pope, Birdsong, Andrews.
Cited by 15 opinions  |  Published
Pope, Chief Judge.

Defendant Moses L. Thompson was tried before a jury and found guilty of five counts of child molestation. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts of guilt.

1. Defendant argues the trial court committed reversible error by refusing to excuse for cause a venireman who worked full-time at Phillips Correctional Institute. Although the record does not show whether defendant used a peremptory challenge to strike this potential juror, the use of peremptory challenges no longer is determinative of whether an accused has been harmed by the failure to excuse unqualified or disqualified venire. Hayes v. State, 261 Ga. 439, 441 (2) (405 SE2d 660) (1991). The transcript of voir dire shows that while this juror was a full-time corrections employee and maintained current certification as a Georgia peace officer, she possessed no powers[*176] of arrest and would require additional training and certification to work as a law enforcement officer.

Police officers employed full-time must be excused for cause in a criminal case if timely challenged. Hutcheson v. State, 246 Ga. 13 (268 SE2d 643) (1980). See also Cargill v. State, 255 Ga. 616, 626 (6) (340 SE2d 891) (1986), cert. denied 479 U. S. 1101 (107 SC 1328, 94 LE2d 180) (1987). However, this rule does not apply to corrections officers who do not have arrest powers. Kent v. State, 179 Ga. App. 131 (345 SE2d 669) (1986); see also Davis v. State, 255 Ga. 598, 601 (3) (340 SE2d 869), cert. denied 479 U. S. 870 (107 SC 245, 93 LE2d 170) (1986). The trial court did not abuse its discretion by refusing to excuse this potential juror for cause.

2. Defendant enumerates the denial of his motion for directed verdict of acquittal as to each molestation charge on the ground that there is no evidence that the acts proved at trial were within the applicable statute of limitation.

The indictments were returned on August 18, 1992. The alleged acts of molestation occurred between September 1, 1987 and August 31, 1989, the exact dates being unknown. These acts thus precede the effective date of OCGA § 17-3-2.1, which tolls the commencement of the limitation period where the victim of certain crimes is under the age of 16 on the date of the violation.

Defendant’s argument, both below and on appeal, that the limitation period is four years is incorrect. The applicable limitation period is set forth in OCGA § 17-3-1 (c) which provides in part that: “prosecution [s] for felonies committed against victims who aré at the time of the commission of the offense under the age of 14 years must be commenced within seven years after the commission of the crime.” Compare Martin v. State, 196 Ga. App. 145 (1) (395 SE2d 391) (1990) (four-year statute of limitation for acts of molestation occurring before July 1, 1987).

In this case, the victim was born on August 19, 1982. The evidence showed that the molestations began when the victim was five or six, while she lived in a Gwinnett County apartment. The mother testified that they lived in Gwinnett from 1986 to 1990. Accordingly, the evidence authorized the determination that the acts of molestation charged occurred in Gwinnett, after July 1, 1987, and within the applicable seven-year statute of limitation. The trial court correctly denied defendant’s motion for directed verdict on this ground.

3. From the stand, the victim recanted an earlier accusation that defendant had forced her to touch his genitals. Defendant moved for a directed verdict as to this charge and the denial of that motion is enumerated as error. However,'the victim’s earlier inconsistent statement to adults that defendant had so forced her to touch him became substantive evidence of the truth of that charge. Patterson v. State, [*177] 212 Ga. App. 257 (1) (441 SE2d 414) (1994). The trial court correctly denied defendant’s motion for directed verdict.

Decided February 24, 1994. David L. Whitman, for appellant. Daniel J. Porter, District Attorney, Brenda J. Bernstein, Assistant District Attorney, for appellee.

Judgment affirmed.

Birdsong, P. J., and Andrews, J., concur.