Odom v. State, 531 S.E.2d 207 (Ga. Ct. App. 2000). · Go Syfert
Odom v. State, 531 S.E.2d 207 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, last quoted 2007 · 2 courts · …in my opinion, the victim's psychological exam was consistent with sexual abuse, at p. 228
156 citation events (152 in the last 25 years) across 3 distinct courts.
Strongest positive: Reinhard v. State (gactapp, 2015-03-18)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
examined Cited as authority (quoted) Reinhard v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
there is absolutely nothing wrong with expert opinion testimony that bolsters the credibility of the indicted allegations of sexual abuse, e.g.,... the victim's psychological evaluation was consistent with sexual abuse.
examined Cited as authority (quoted) Andrew C. Reinhard v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
there is absolutely nothing wrong with expert opinion testimony that bolster's the credibility of the indicted allegations of sexual abuse, e.g., . . . the victim's psychological evaluation was consistent with sexual abuse.
discussed Cited as authority (rule) Thony Beaubrun v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2022 · confidence medium
While the therapist referenced the trauma experienced, she “did not directly address the credibility of the victim or express a direct opinion that the victim was sexually abused.” Odom v. State, 243 Ga. App. 227, 229 (1) (a) ( 531 SE2d 207 ) (2000) (punctuation omitted).
cited Cited as authority (rule) David Franklin Campbell v. State
Ga. Ct. App. · 2022 · confidence medium
DEFENSE COUNSEL: When did you quit? 12 DiPietro, 356 Ga. App. at 545 (2) (a). 13 Odom v. State, 243 Ga. App. 227, 229 (1) (b) ( 531 SE2d 207 ) (2000). 6 S. M.
discussed Cited as authority (rule) Robert Dipietro v. State (2×)
Ga. Ct. App. · 2020 · confidence medium
Odom v. State, 243 Ga. App. 227, 227-228 (1) ( 531 SE2d 207 ) (2000).
examined Cited as authority (rule) John Chamberlain v. State (8×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2018 · confidence medium
See Harris v. State , 340 Ga. App. 865 , 874 (4), 798 S.E.2d 498 (2017) (holding that an expert in forensic interviewing of children's testimony about recantation was not improper because it "did not directly address the victim's credibility or express an opinion as to whether the child had actually been sexually abused"); see also Pearce v. State , 300 Ga. App. 777 , 785 (6), 686 S.E.2d 392 (2009) ; Odom , 243 Ga. App. at 228 (1), 531 S.E.2d 207 .
examined Cited as authority (rule) John Chamberlain v. State (5×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2018 · confidence medium
See Harris v. State, 340 Ga. App. 865, 874 (4) ( 798 SE2d 498 ) (2017) (holding that an expert in forensic interviewing of children’s testimony about recantation was not improper because it “did not directly address the victim’s credibility or express an opinion as to whether the child had actually been sexually abused”); see also Pearce v. State, 300 Ga. App. 777, 785 (6) ( 686 SE2d 392 ) (2009); Odom, 243 Ga. App. at 228 (1).
discussed Cited as authority (rule) Dority v. the State
Ga. Ct. App. · 2015 · confidence medium
Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000); see also OCGA § 24-6-620 (“The credibility of a witness shall be a matter to be determined by the trier of fact”); Handley v. State, 289 Ga. 786, 786 (1) ( 716 SE2d 176 ) (2011) (“the credibility of eyewitness testimony is within the exclusive province of the jury”) (citations omitted).
discussed Cited as authority (rule) Demarkius Dority v. State
Ga. Ct. App. · 2015 · confidence medium
Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000); see also OCGA § 24-6-620 (“The credibility of a witness shall be a matter to be determined by the trier of fact”); Handley v. State, 289 Ga. 786, 786 (1) ( 716 SE2d 176 ) (2011) (“the credibility of eyewitness testimony is within the exclusive province of the jury”) (citations omitted).
examined Cited as authority (rule) Irvin Shay Viers v. Warden (3×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Moreover, in child sex abuse cases, Georgia courts have distinguished between expert testimony that the victim had in fact been sexually abused and testimony, like in this case, that a victim’s “physical examination and related behavior were consistent with sexual abuse.” See, e.g., Odom v. State, 243 Ga.App. 227, 229 , 531 S.E.2d 207, 210 (Ct.App.2000) (“[The expert’s] testimony was a permissible expression of the expert’s opinion based on factors beyond the ken of the average juror.
discussed Cited as authority (rule) Gregory Leon Jackson, Jr. v. State
Ga. Ct. App. · 2014 · confidence medium
This claim of ineffectiveness therefore fails. (e) Jackson asserts that trial counsel was ineffective in failing to object to the testimony of the counselor that “bolstered the truthfulness of the victim.” He argues that the counselor improperly bolstered the victim’s testimony when the State asked the counselor, “And by the end, did she tell you exactly what Mr. Jackson had done to her?,” to which the counselor responded, “She [ ] did.” “What is forbidden is expert opinion testimony that directly addresses the credibility of the victim, i.e., ‘I believe the victim; I think t…
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2014 · confidence medium
This claim of ineffectiveness therefore fails. (e) Jackson asserts that trial counsel was ineffective in failing to object to the testimony of the counselor that “bolstered the truthfulness of the victim.” He argues that the counselor improperly bolstered the victim’s testimony when the State asked the counselor, “And by the end, did she tell you exactly what Mr. Jackson had done to her?,” to which the counselor responded, “She ... did.” “What is forbidden is expert opinion testimony that directly addresses the credibility of the victim, i.e., T believe the victim; I think the …
discussed Cited as authority (rule) Wright v. State
Ga. Ct. App. · 2014 · confidence medium
“What is forbidden is ... opinion testimony that directly addresses the credibility of the victim, i.e., £I believe the victim; I think the victim is telling the truth. ...’” Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000) (citations and punctuation omitted) (discussing an expert witness’s allegedly bolstering testimony).
discussed Cited as authority (rule) Cecil Ray Wright v. State
Ga. Ct. App. · 2014 · confidence medium
“What is forbidden is . . . opinion testimony that directly addresses the credibility of the victim, i.e., ‘I believe the victim; I think the victim is telling the truth. . . .’” Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000) (citations and punctuation omitted) (discussing an expert witness’s allegedly bolstering testimony).
discussed Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 2013 · confidence medium
(Punctuation and footnote omitted.) Odom v. State, 243 Ga. App. 227, 227-228 (1) ( 531 SE2d 207 ) (2000); see generally Pearce v. State, 300 Ga. App. 777, 785 (6) ( 686 SE2d 392 ) (2009) (holding that a nurse practitioner’s general testimony about behavior associated with child sexual abuse accommodation syndrome, including secrecy, fear, and confusion, did not constitute improper bolstering).
discussed Cited as authority (rule) Thomas v. State (2×)
Ga. Ct. App. · 2012 · confidence medium
(Punctuation and footnote omitted.) Odom, 243 Ga. App. at 227-228 (1).
discussed Cited as authority (rule) Larry Thomas v. State (2×)
Ga. Ct. App. · 2012 · confidence medium
“Establishing the credibility of the indicted acts of sexual abuse is what the State’s case is all about and is the purpose for such expert testimony in the first place; the fact that such testimony may also indirectly, though necessarily, involve the child’s credibility does not make it inadmissible.” (Punctuation and footnote omitted.) Odom, 243 Ga. App. at 227-228 (1).
discussed Cited as authority (rule) Westbrooks v. State
Ga. Ct. App. · 2011 · confidence medium
Mullis v. State, 292 Ga. App. 218, 220 (3) (b) ( 664 SE2d 271 ) (2008) (citation and punctuation omitted); see Howell v. State, 278 Ga. App. 634, 643 (8) ( 629 SE2d 398 ) (2006) (same); Odom v. State, 243 Ga. App. 227, 229 (1) (a) ( 531 SE2d 207 ) (2000) (same).
discussed Cited as authority (rule) Westbrooks v. State
Ga. Ct. App. · 2011 · confidence medium
NOTES [1] See, e.g., Goolsby v. State, 299 Ga.App. 330, 330-31 , 682 S.E.2d 671 (2009); see also Jackson v. Virginia, 443 U.S. 307, 319 (III)(B), 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [2] In the same indictment, Westbrooks was also charged with one count of aggravated child molestation and one count of child molestation of his former girlfriend's young son, but he was acquitted of these charges by the same jury that convicted him of sexually abusing S.W. [3] See, e.g., English v. State, 301 Ga.App. 842, 842 , 689 S.E.2d 130 (2010). [4] Lott v. State, 303 Ga.App. 775, 775 (1), 694 S.E.2d 698 (…
cited Cited as authority (rule) State v. Silver
Haw. App. · 2010 · confidence medium
Mars, 116 Hawai`i at 140, 170 P.3d at 876 (brackets and "[sic]" in original) (quoting Odom v. State, 531 S.E.2d 207, 208-09 (Ga. Ct. App. 2000)).
cited Cited as authority (rule) Pearce v. State
Ga. Ct. App. · 2009 · confidence medium
See also Mullis v. State, 292 Ga. App. 218, 220 (3) (b) ( 664 SE2d 271 ) (2008); Odom v. State, 243 Ga. App. 227, 227-228 (1), 229 (1) (b) ( 531 SE2d 207 ) (2000). 7.
discussed Cited as authority (rule) Lee v. State
Ga. Ct. App. · 2009 · confidence medium
What is forbidden is expert opinion testimony that directly addresses the credibility of the victim, i.e., “I believe the victim; I think the victim is telling the truth,” or expert opinion testimony that implicitly goes to the ultimate issue to be decided by the jury, when such issue is not beyond the ken of the average juror, i.e., “In my opinion, the victim was sexually abused.” (Citations and punctuation omitted.) Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000). 8 See Ogburn v. State, 296 Ga. App. 254, 257 (4) ( 674 SE2d 101 ) (2009) (a police investigator’s expe…
discussed Cited as authority (rule) Pointer v. State
Ga. Ct. App. · 2009 · confidence medium
Milam, District Attorney, Jason S. Johnston, Assistant District Attorney, for appellee. 1 Pointer was found guilty on Count 3, child molestation, for allegedly inserting his finger into A. P’s vagina; and Count 4, sexual battery, for rubbing A. P’s breasts. 2 We note that trial counsel suffered a stroke and was unavailable to testify at the hearing on the motion for a new trial. 3 (Citations and punctuation omitted.) Osbourne v. State, 291 Ga. App. 711, 715 (6) ( 662 SE2d 792 ) (2008). 4 Allison v. State, 256 Ga. 851, 853 (5) ( 353 SE2d 805 ) (1987). 5 See id. at 853 (6). 6 See Odom v. Sta…
discussed Cited as authority (rule) Mullis v. State
Ga. Ct. App. · 2008 · confidence medium
See Brownlow v. State, 248 Ga. App. 366, 367-368 (2) (a) ( 544 SE2d 472 ) (2001); Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000) (psychologist’s testimony concerning consistency of symptoms with sexual abuse was admissible and did not go to ultimate issue). (c) Mullís next challenges the psychologist’s opinion that a person with the victim’s level of intelligence would have difficulty fabricating a detailed fictional account of abuse.
discussed Cited as authority (rule) Birkbeck v. State (2×)
Ga. Ct. App. · 2008 · confidence medium
McMurry, Assistant District Attorney, for appellee. 1 See Berman v. State, 279 Ga. App. 867, 867-868 (1) ( 632 SE2d 757 ) (2006). 2 Id. at 868 . 3 Cortez v. State, 286 Ga. App. 170, 172 (1) (a) ( 648 SE2d 488 ) (2007). 4 See Fiek v. State, 266 Ga. App. 523, 527 (4) ( 597 SE2d 585 ) (2004). 5 See id. 6 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 7 (Emphasis supplied.) 8 See Brown v. State, 280 Ga. App. 884, 889 (4) ( 635 SE2d 240 ) (2006). 9 Brooks v. State, 281 Ga. 514, 516 (2) ( 640 SE2d 280 ) (2007). 10 See Brown, supra. 11 See Rouse v. State, 290 Ga. App. 740, 741 (1) ( 660 SE2d 476 ) (…
discussed Cited as authority (rule) Hafez v. State
Ga. Ct. App. · 2008 · confidence medium
Rather, we find the expert’s testimony in this case to be more akin to that of the expert witnesses in cases such as Odom v. State, 243 Ga. App. 227, 228-230 (1) (a), (b), (d) ( 531 SE2d 207 ) (2000), and Cooper v. State, 200 Ga. App. 560 (2) ( 408 SE2d 797 ) (1991), 1 and similar cases in which we held that the experts’ testimony was not the expression of an opinion or conclusion that the victim had in fact been abused and did not comment impermissibly on the victim’s credibility.
examined Cited as authority (rule) Noe v. State (3×)
Ga. Ct. App. · 2007 · confidence medium
We have held that “[t]he testimony of experts that certain medical or scientific tests resulted in findings consistent with molestation ... is admissible and proper.” (Punctuation and footnote omitted.) Harris v. State, 279 Ga. App. 570, 572 (1) ( 631 SE2d 772 ) (2006). “[T]he fact that such testimony may also indirectly, though necessarily, involve the child’s credibility does not render it inadmissible.” (Punctuation and footnote omitted.) Odom v. State, 243 Ga. App. 227, 227-228 (1) ( 531 SE2d 207 ) (2000).
cited Cited as authority (rule) State v. Mars
Haw. App. · 2007 · confidence medium
Id. at 208-9 (foqtnote, citations, some quotation marks, and some brackets omitted).
cited Cited as authority (rule) Brooks v. State
Ga. Ct. App. · 2007 · confidence medium
(Citations omitted.) Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000).
discussed Cited as authority (rule) Frazier v. State
Ga. Ct. App. · 2006 · confidence medium
NOTES [1] OCGA § 16-6-4(a). [2] Davis v. State, 275 Ga.App. 714, 715 (1), 621 S.E.2d 818 (2005). [3] Branesky v. State, 262 Ga.App. 33, 36 (3)(a), 584 S.E.2d 669 (2003). [4] Odom v. State, 243 Ga.App. 227, 228 (1), 531 S.E.2d 207 (2000). [5] Mayo v. State, 261 Ga.App. 314, 318 (5), 582 S.E.2d 482 (2003). [6] In the Interest of M.F., 276 Ga.App. 402 , 404(2), 623 S.E.2d 234 (2005). [7] Horne v. State, 262 Ga.App. 604, 606 (1), 586 S.E.2d 13 (2003). [8] Gregg v. State, 201 Ga.App. 238, 239 (3)(a), 411 S.E.2d 65 (1991). [9] Campos v. State, 263 Ga.App. 119, 121 , 587 S.E.2d 264 (2003). [10] Smit…
cited Cited as authority (rule) Fiek v. State
Ga. Ct. App. · 2004 · confidence medium
Odom v. State, 243 Ga. App. at 227-228 (1); see also Summage v. State, 248 Ga. App. 559, 562-563 ( 546 SE2d 910 ) (2001). 4.
discussed Cited as authority (rule) Roebuck v. State
Ga. Ct. App. · 2003 · confidence medium
Brownlow v. State, 248 Ga. App. 366, 368 (2) (a) ( 544 SE2d 472 ) (2001). 2 Campbell v. State, 253 Ga. App. 325, 326 (2) ( 558 SE2d 857 ) (2002). 3 Gainesville Radiology Group v. Hummel, 263 Ga. 91, 94 ( 428 SE2d 786 ) (1993). 4 Blansit v. State, 248 Ga. App. 323, 325 ( 546 SE2d 81 ) (2001). 5 Jenkins v. State, 259 Ga. App. 87 ( 576 SE2d 68 ) (2003). 6 State v. Collins, 270 Ga. 42, 43 ( 508 SE2d 390 ) (1998). 7 Warren v. State, 197 Ga. App. 23, 24 (1) ( 397 SE2d 484 ) (1990). 8 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 9 Stephens v. State, 265 Ga. 120, 121…
discussed Cited as authority (rule) Johns v. State
Ga. Ct. App. · 2001 · confidence medium
Ruffin and Ellington, JJ., concur. 1 See Adams v. State, 208 Ga. App. 29, 32 (2) (b) ( 430 SE2d 35 ) (1993). 2 Tucker v. State, 191 Ga. App. 648 ( 382 SE2d 425 ) (1989). 3 (Footnotes omitted.) Roberts v. State, 242 Ga. App. 621, 626 (2) (b) ( 530 SE2d 535 ) (2000). 4 See Odom v. State, 243 Ga. App. 227, 231 (1) (d) (i) ( 531 SE2d 207 ) (2000); Paz v. State, 239 Ga. App. 278 (1) ( 521 SE2d 362 ) (1999). 5 Cowards v. State, 266 Ga. 191, 194 (3) (c) ( 465 SE2d 677 ) (1996); Culliver v. State, 247 Ga. App. 877, 880 (3) ( 545 SE2d 392 ) (2001). 6 Hardeman v. State, 247 Ga. App. 503, 504 (3) ( 544 S…
discussed Cited as authority (rule) Brownlow v. State
Ga. Ct. App. · 2001 · confidence medium
In considering a comparable issue in Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000), we explained that: What is forbidden is expert opinion testimony that “directly addresses the credibility of the victim,” i.e., “I believe the victim; I think the victim is telling the truth,” or expert opinion testimony that implicitly goes to the ultimate issue to be decided by tbe jury, when such issue is not beyond the “ken” of the average juror, i.e., “In my opinion, the victim was sexually abused.” Although the distinction may seem fine to a layman, there is a world of l…
discussed Cited as authority (rule) Brownlow v. State
Ga. Ct. App. · 2001 · confidence medium
In considering a comparable issue in Odom v. State, 243 Ga.App. 227, 228 (1), 531 S.E.2d 207 (2000), we explained that: What is forbidden is expert opinion testimony that "directly addresses the credibility of the victim," i.e., "I believe the victim; I think the victim is telling the truth," or expert opinion testimony that implicitly goes to the ultimate issue to be decided by the jury, when such issue is not beyond the "ken" of the average juror, i.e., "In my opinion, the victim was sexually abused." Although the distinction may seem fine to a layman, there is a world of legal difference be…
discussed Cited "see" Brian Peterman v. State (2×)
Ga. Ct. App. · 2024 · signal: see · confidence high
See Odom v. State, 243 Ga. App. 227, 227-228 (1) ( 531 SE2d 207 ) (2000).
examined Cited "see" Gilmer v. the State (4×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See Odom v. State, 243 Ga. App. 227, 227 (1) ( 531 SE2d 207 ) (2000).
discussed Cited "see" Hubert v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000). (i) Hubert challenges the pediatric nurse practitioner’s testimony that the victims’ physical examinations were consistent with their reports of sexual abuse.
examined Cited "see" Al-Attawy v. State (3×)
Ga. Ct. App. · 2008 · signal: see · confidence high
Johnson, P. J., and Mikell, J., concur. *575 Gwendolyn Keyes Fleming, District Attorney, Leonora Grant, Assistant District Attorney, for appellee. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Williams v. State, 273 Ga. App. 321, 322 ( 615 SE2d 160 ) (2005). 3 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000) (footnote omitted). 4 Maddox v. State, 275 Ga. App. 869, 871 (2) ( 622 SE2d 80 ) (2005) (footnote omitted); see Buice v. State, 239 Ga. App. 52, 55 (2) ( 520 SE2d 258 ) (1999). 5 Odom v. State, 243 Ga. App. 227, 229 (1) (b) ( 531 SE2d 207 ) (2000). 6 Id. 7 Buice, supra at …
examined Cited "see" Harris v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2007 · signal: accord · confidence high
Accord Odom, 243 Ga. App. at 229 (1) (b) (expert testimony that child’s behavior following alleged molestation was consistent with sexual abuse was admissible); Hall v. State, 201 Ga. App. 626, 626-627 (2) ( 411 SE2d 777 ) (1991) (same).
discussed Cited "see" Morris v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Odom v. State, 243 Ga. App. 227 -230 (1) (a), (c) ( 531 SE2d 207 ) (2000) (witnesses may testify about behavior consistent with allegations of sexual abuse).
discussed Cited "see" Summage v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Odom v. State, 243 Ga. App. 227, 228 (1) ( 531 SE2d 207 ) (2000) (expert opinion testimony that directly addresses the child’s credibility is inadmissible, but the fact that such testimony indirectly though necessarily involves the child’s credibility does not render it inadmissible).
examined Cited "see" Lopez v. State (4×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See generally Odom v. State, 243 Ga.App. 227, 230 (1)(c), 531 S.E.2d 207 (2000).
discussed Cited "see, e.g." Gray v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence low
See also Odom v. State, 243 Ga. App. 227 -228 (1) ( 531 SE2d 207 ) (2000). 16 See Goldey v. State, 289 Ga. App. 198, 199 (2) (a) ( 656 SE2d 549 ) (2008). 17 (Citation and punctuation omitted.) Weeks v. State, 270 Ga. App. 889, 893 (2) ( 608 SE2d 259 ) (2004). 18 (Citations omitted.) Morrow v. State, 230 Ga. App. 137, 140 (3) (a) ( 495 SE2d 609 ) (1998). 19 (Citations and punctuation omitted.) Winfrey v. State, 286 Ga. App. 718, 722 (4) ( 650 SE2d 262 ) (2007) (error in admitting detective’s testimony, over objection, that he was confident that defendant was responsible for victim’s shootin…
discussed Cited "see, e.g." Freeman v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence low
See also Odom v. State, 243 Ga. App. 227 (1) ( 531 SE2d 207 ) (2000); State v. Oliver, 188 Ga. App. 47, 51 (2) ( 372 SE2d 256 ) (1988).
discussed Cited "see, e.g." Davenport v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence low
See also Odom v. State, 243 Ga.App. 227 (1), 531 S.E.2d 207 (2000); State v. Oliver, 188 Ga.App. 47, 51 (2), 372 S.E.2d 256 (1988).
discussed Cited "see, e.g." Davenport v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence low
See also Odom v. State, 243 Ga. App. 227 (1) ( 531 SE2d 207 ) (2000); State v. Oliver, 188 Ga. App. 47, 51 (2) ( 372 SE2d 256 ) (1988).
discussed Cited "see, e.g." Hunt v. State
Ga. Ct. App. · 2004 · signal: see also · confidence low
NOTES [1] 205 Ga.App. 591, 593 (5), 422 S.E.2d 876 (1992). [2] 467 U.S. 39 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984). [3] 250 F.3d 1308 (11th Cir.2001). [4] Judd, supra, at 1314. [5] Id. [6] Id. at 1314-1315. [7] Id. at 1315. [8] See Clements v. Florida, 742 So.2d 338, 341 (Fla.App.1999). [9] See id. at 341-342 . [10] Garren v. State, 220 Ga.App. 66, 67 (3), 467 S.E.2d 365 (1996); see Henderson v. State, 207 Ga. 206, 212-214 (2), 60 S.E.2d 345 (1950); Donaldson v. State, 255 Ga.App. 451, 452 (3), 565 S.E.2d 486 (2002). [11] Odom v. State, 243 Ga.App. 227 -228(1), 531 S.E.2d 207 (2000). [12] Cast…
discussed Cited "see, e.g." Summage v. State (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
NOTES [1] An additional count of the indictment was dismissed at trial. [2] Owens v. State, 248 Ga. 629, 631 , 284 S.E.2d 408 (1981); see also Inglett v. State, 239 Ga.App. 524, 528 (7), 521 S.E.2d 241 (1999) (court did not err by replaying videotape of crime scene to jurors after they had begun their deliberations). [3] See Fields v. State, 266 Ga. 241, 243 (2), 466 S.E.2d 202 (1996) (it is error to allow jury to take written or recorded statements into jury room during deliberations unless statements are consistent with defendant's theory of case). [4] Compare Nixon v. State, 234 Ga.App. 797…
Retrieving the full opinion text from the archive…
Odom
v.
the State
A00A0877.
Court of Appeals of Georgia.
Mar 15, 2000.
531 S.E.2d 207
2000 Ga. App. LEXIS 345
Jerry M. Daniel, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
Eldridge, Blackburn, Barnes.
Cited by 62 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #44,809 of 633,719
Citer courts: Court of Appeals of Georgia (2)
Eldridge, Judge.

Benjamin William Odom appeals from a Richmond County jury’s verdict finding him guilty of aggravated sodomy and aggravated child molestation for sexual acts he perpetrated against his three-year-old stepson. Before this Court, Odom raises a type of challenge that has seen some “success” in terms of reversal and, thus, is raised repeatedly on appeal of sexual abuse convictions: Odom challenges the opinion testimony of each of the State’s expert witnesses, claiming that — in one form or another — the expert’s testimony invaded the province of the jury and improperly bolstered the credibility of the victim.

1. At the onset, there is absolutely nothing wrong with expert opinion testimony that bolsters the credibility of the indicted allegations of sexual abuse, e.g., “the victim’s physical examination showed injury consistent with sexual abuse,” or “the victim’s psychological evaluation was consistent with sexual abuse.” Establishing the credibility of the indicted acts of sexual abuse is what the State’s case is all about and is the purpose for such expert testimony in the first place; the fact that such testimony may also “indirectly, though nec[*228] essarily, involve [] the child’s credibility does not render it inadmissible.” [1]

What is forbidden is expert opinion testimony that “directly addresses the credibility of the victim,” i.e., “I believe the victim; I think the victim is telling the truth,” Barlow v. State, 270 Ga. 54, 55 (507 SE2d 416) (1998); Smith v. State, 259 Ga. 135, 138 (2) (377 SE2d 158) (1989), or expert opinion testimony that implicitly goes to the ultimate issue to be decided by the jury, when such issue is not beyond the “ken” of the average juror, i.e., “In my opinion, the victim was sexually abused.” Allison v. State, 256 Ga. 851 (353 SE2d 805) (1987). Although the distinction may seem fine to a layman, there is a world of legal difference between expert testimony that “in my opinion, the victim’s psychological exam was consistent with sexual abuse,” and expert testimony that “in my opinion, the victim was sexually abused.” Id. In the first situation, the expert leaves the ultimate issue/conclusion for the jury to decide; in the second, the weight of the expert is put behind a factual conclusion which invades the province of the jury by providing a direct answer to the ultimate issue: was the victim sexually abused? See Knight v. State, 207 Ga. App. 846 (1) (429 SE2d 326) (1993); Hall v. State, 201 Ga. App. 626, 627 (2) (411 SE2d 777) (1991).

Since the State is required to prove its case, expert opinion testimony often becomes necessary, especially in instances of the abuse of very young children, as in this case. And we have seen these “improper opinion testimony” claims of error again and again on appeal, because (1) the inconsistency of appellate consensus over what constitutes improper opinion testimony has made the raising of such claims worth a try in almost every case, regardless of the merits of the claims; [2] and (2) the State’s prosecutors ask open-ended questions of their experts that inevitably elicit improper opinion testimony regarding either the ultimate issue or the credibility of the victim. In affirming Odom’s conviction, we have an opportunity to review both of these aspects: the utterly meritless claim raised on the chance that it might be taken seriously, and the merited claim of error occurring because of a prosecutor’s question that inevitably called for improper opinion testimony.

[*229] (a) Dr. Gwendolyn Smith Psychotherapist/Play Therapist. Odom claims error in Dr. Smith’s foundation testimony that the victim was referred to her for treatment of “[a]lleged child sexual abuse and post traumatic stress disorder.” Odom claims that, if Smith did not believe the victim to be sexually abused, she would not be treating the child; so, Smith’s foundation testimony improperly bolstered the credibility of the victim. Candidly, this contention shows how farfetched' some of these “improper expert testimony” claims can be. Taken to its logical conclusion, no expert (or any witness, for that matter) could testify on behalf of the State, because his or her supporting testimony indicates a belief of the victim that improperly “bolsters” the victim’s credibility.

Needless to say, there is no error in testimony that the young victim was initially referred to Smith for treatment of alleged sexual abuse. [3] Smith did not express an opinion regarding the merits of the referral. If the jury wished to infer from Smith’s treatment of the victim that such referral had validity, that inference impacted on the credibility of the allegations of abuse; the expert did not “directly address” the credibility of the victim or express a direct opinion that the victim was sexually abused. Barlow v. State, supra at 55; Knight v. State, supra at 846.

(b) Dr. Lisa Christenson Pediatric Emergency Medicine Specialist. Odom claims error in Dr. Christenson’s testimony that, “[B]y what he was able to tell me — what a 3 year old boy was able to describe to me, in my opinion, was knowledge that he should not have had; by his physical exam and by his behavior, it was most consistent with a history of sexual abuse.” [4] Odom claims that this testimony was “an affirmative response from the expert that [the victim] has been sexually abuse[d].” No. It was not. Christenson did not testify that the victim had, in fact, been sexually abused. Christenson’s testimony was that the victim’s physical examination and related behavior were consistent with sexual abuse. As such, Christenson’s testimony was a permissible expression of the expert’s opinion based on factors beyond the ken of the average juror. [5] The jury was permitted to draw for itself the final conclusion as to whether the victim had, in fact, been sexually abused. Hall v. State, supra at 627.

[*230] (c) Investigator Thelma Gilchrist. Gilchrist testified regarding the circumstances leading to Odom’s arrest. She testified that, “I later received a report from the University Hospital, I think it was Dr. Christenson who did the exam on this child. And her impression documented on that report was that the child’s physical exam was very consistent with sexual abuse.” Pursuant to such investigation, Gilchrist testified that she issued a warrant for Odom’s arrest. Odom contends that Gilchrist’s testimony was hearsay evidence of an expert’s opinion “as to the existence vel non of a fact,” i.e., that Christenson believed the victim had been sexually abused. However, the fact that the evidence was hearsay did not render it inadmissible, since it was in furtherance of Gilchrist’s investigation leading to the arrest of Odom. OCGA § 24-3-2.® In addition, the substance of the hearsay statement was admissible for the reasons addressed in Division 1 (b) above.

(d) Dr. Robert Blackwood Psychiatrist. Dr. Blackwood testified regarding his treatment of the victim for various behavioral disorders the victim began to display. He testified in detail as to how the behavioral disorders manifested themselves at home, at school, and in treatment; he also testified as to the medications the victim was taking to control the disorders, as well as his depression. Following such testimony, the prosecutor asked Blackwood: “Have you been able to attribute a source to the child’s problems?” To which question Blackwood replied, inter alia, “this child, in my opinion, had been sexually abused.” Odom objected, without moving for mistrial. The trial court sustained the objection and told the jury to disregard that portion of Blackwood’s testimony. Defense counsel made no further comments or objections.

Odom contends that Blackwood’s testimony was improper opinion testimony that went to the ultimate issue to be decided by the jury. We agree. And the prosecutor’s question invited such improper testimony; the question was open-ended and begged for the answer received. [6] [7] As long as such errors are made by prosecutors who will not learn the distinctions discussed supra and thus cannot prepare their experts for such distinctions, “improper opinion testimony” claims — with and without merit — will be raised again and again on appeal of sexual abuse convictions. And reversals (in my view, warranted and unwarranted because of the lack of appellate consensus) will be forthcoming, thereby putting the child/victim through the trauma of retrial.

[*231] In this case, however, reversal of the jury’s verdict is not warranted for the following reasons:

(i) Odom objected to the testimony, and the trial court sustained the objection. The jury was instructed to disregard the testimony, and no further relief was requested. Odom did not move for mistrial. “When an appellant could have tendered a timely motion for mistrial or requested additional limiting or curative instruction but declined to do so, we generally will not grant more appellate relief than that actually prayed for at trial.” (Citations and punctuation omitted.) Smith v. State, 210 Ga. App. 451 (2) (436 SE2d 562) (1993). [8]

(ii) The trial court directed the jury to disregard Blackwood’s offensive testimony, and jurors are presumed to follow the directives of the trial court, in the absence of contrary evidence. [9]

(iii) The evidence against Odom was overwhelming and included two videotapes of the victim identifying Odom, his stepfather, as the perpetrator and describing sexual acts about which a three-year-old should have no knowledge; strong physical evidence of sexual abuse as described in footnote 3, supra; three outcry witnesses who demonstrated the consistency of the victim’s outcry, including his identification of Odom as the perpetrator; and testimony from two mental health experts who each offered proper, competent testimony that the victim’s outcry and behavior are consistent with that of children who have been sexually abused. We find that Blackwood’s sole improper statement was not such a significant addition to the properly admitted evidence of sexual abuse so as to displace the jury’s minds on this issue and usurp their authority. [10] Accordingly, it is highly probable that the single instance of improper opinion testimony did not contribute to the verdict, especially since the jury was instructed to disregard the testimony. [11]

2. After the start of deliberations, the jury requested to review the videotaped testimony of the victim. The trial court granted the request, played the tapes in open court, and returned the jury to the jury room to continue deliberating. Odom claims that, although he did not request cautionary instructions, the trial court erred by failing to sua sponte issue a cautionary instruction either prior to or following the jury’s review of the tapes.

[*232] Decided March 15, 2000 Reconsideration denied March 29, 2000 Jerry M. Daniel, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
“The rule in this state is that the trial judge, in his discretion, may permit the jury at their request to rehear in the defendant’s presence the requested testimony after beginning deliberation. The jury is entitled to designate the testimony which it desires to rehear, in the absence of special circumstances which might work an injustice. While some later cases approve of cautionary instructions they do not demand that they be given so as to require reversal in the event such instructions are not given.” [12]

Accordingly, Odom’s contention is without merit.

Judgment affirmed.

Blackburn, P. J., and Barnes, J., concur.
1

State v. Butler, 256 Ga. 448, 450 (2) (349 SE2d 684) (1986); Pyron v. State, 237 Ga. App. 198, 200-201 (514 SE2d 51) (1999); Hicks v. State, 196 Ga. App. 311, 313 (2) (396 SE2d 60) (1990).

2

See Putnam v. State, 231 Ga. App. 190, 194 (498 SE2d 340) (1998) (Beasley, J., concurring specially); see also Hilliard v. State, 226 Ga. App. 478, 481 (487 SE2d 81) (1997); Flowers v. State, 220 Ga. App. 814, 815-816 (468 SE2d 199) (1996), overruled on other grounds, Strickland v. State, 223 Ga. App. 772 (479 SE2d 125) (1996); Lagana v. State, 219 Ga. App. 220, 221 (1) (464 SE2d 625) (1995); compare Cline v. State, 224 Ga. App. 235, 237 (2) (480 SE2d 269) (1997); Knight v. State, supra at 846; Moss v. State, 216 Ga. App. 711, 714 (455 SE2d 411) (1995); Stamey v. State, 194 Ga. App. 305, 306 (390 SE2d 409) (1990).

3

Typically in therapy, an expert may have to see the victim for a number of visits prior to being capable of formulating an opinion as to credibility, regardless of the initially stated purpose for the referral.

4

A physical examination of the three-year-old victim showed that his rectum was dilated, had decreased tone, and had growths of skin around it, all consistent with forceful penetration of the anus. In addition, at the time of the exam, the victim had bruises on his anterior thighs. The victim told Christenson that “Ben fucked me.”

5

State v. Butler, supra at 450; Hawkins v. State, 236 Ga. App. 346 (512 SE2d 59) (1999); Randall v. State, 207 Ga. App. 637, 640 (428 SE2d 616) (1993).

6

See Ivester v. State, 252 Ga. 333, 335-336 (2) (313 SE2d 674) (1984).

7

As opposed to being framed narrowly as the prosecutor’s proper question to Dr. Christenson was framed, e.g., “Can you offer an opinion as to whether the child’s problems are or are not consistent with sexual abuse?”

8

See also Weems v. State, 268 Ga. 515, 516 (2) (491 SE2d 325) (1997); Paz v. State, 239 Ga. App. 278 (1) (521 SE2d 362) (1999) (failure to renew motion for mistrial after curative instructions presents nothing for review on appeal).

9

Smith v. State, 267 Ga. 372, 374 (3) (477 SE2d 827) (1996); Garcia v. State, 207 Ga. App. 653, 658 (428 SE2d 666) (1993). See also Castro v. State, 241 Ga. App. 546, 551 (527 SE2d 12) (1999) (Eldridge, J., concurring specially).

10

Moss v. State, supra at 714; Stamey v. State, supra at 306.

11

Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976); Castro v. State, supra.

12

(Citation omitted.) Farrow v. State, 222 Ga. App. 689, 691 (2) (475 SE2d 706) (1996).