Turner v. State, 477 S.E.2d 847 (Ga. Ct. App. 1996). · Go Syfert
Turner v. State, 477 S.E.2d 847 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
77 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: Cantrell v. State (gactapp, 2014-10-29)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 28 distinct citers.
discussed Cited as authority (rule) Cantrell v. State
Ga. Ct. App. · 2014 · confidence medium
See also Hill v. State, 295 Ga. App. 360, 361-362 (1) ( 671 SE2d 853 ) (2008), overruled on other grounds by Stuart v. State, 318 Ga. App. 839 ( 734 SE2d 814 ) (2012); Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996); Long v. State, 189 Ga. App. 131, 132 (1) ( 375 SE2d 274 ) (1988).
discussed Cited as authority (rule) Christopher Cantrell v. State
Ga. Ct. App. · 2014 · confidence medium
See also Hill v. State, 295 Ga. App. 360, 361-362 (1) ( 671 SE2d 853 ) (2008), overruled on other grounds by Stuart v. State, 318 Ga. App. 839 ( 734 SE2d 814 ) (2012); Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996); Long v. State, 189 Ga. App. 131, 132 (1) ( 375 SE2d 274 ) (1988).
discussed Cited as authority (rule) Daniel v. State
Ga. Ct. App. · 2009 · confidence medium
Penny A. Penn, District Attorney, Sandra A. Partridge, Assistant District Attorney, for appellee. 1 Prudhomme v. State, 285 Ga. App. 662, 663 (1) ( 647 SE2d 343 ) (2007). 2 Odett v. State, 273 Ga. 353, 353-354 (1) ( 541 SE2d 29 ) (2001). 3 McMillian v. State, 263 Ga. App. 782, 783-784 (1) ( 589 SE2d 335 ) (2003). 4 See Redman v. State, 281 Ga. App. 605 -606 (1) ( 636 SE2d 680 ) (2006); Fiek v. State, 266 Ga. App. 523, 527 (4) ( 597 SE2d 585 ) (2004); Horne v. State, 262 Ga. App. 604, 606-607 (2) ( 586 SE2d 13 ) (2003). 5 See Lopez v. State, 291 Ga. App. 210, 212 (1) ( 661 SE2d 618 ) (2008) (in…
discussed Cited as authority (rule) Hill v. State
Ga. Ct. App. · 2008 · confidence medium
State, 270 Ga. App. 262, 264 (2) ( 606 SE2d 329 ) (2004). 1 OCGA § 16-6-3 (a). 2 OCGA § 16-6-4 (a). 3 OCGA § 16-12-1 (b) (1). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 Hill v. State, 285 Ga. App. 310 ( 645 SE2d 758 ) (2007). 7 Lewis v. State, 278 Ga. App. 160, 161 (1) ( 628 SE2d 239 ) (2006). 9 Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996). 10 Long v. State, 189 Ga. App. 131, 132 (1) ( 375 SE2d 274 ) (1988). 11 Salazar v. State, 245 Ga. App. 878, 880-881 (2) ( 539 SE2d 23…
cited Cited as authority (rule) Hodges v. State
Ga. Ct. App. · 2001 · confidence medium
(Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Peek v. State
Ga. Ct. App. · 2000 · confidence medium
Motion for reconsideration denied. 1 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ) (1996). 3 OCGA § 16-7-1. 4 See OCGA § 24-4-6. 5 See Jackson v. State, 236 Ga. App. 260, 261-262 ( 511 SE2d 615 ) (1999). 6 Anderson v. State, 236 Ga. App. 679, 685 (7) ( 513 SE2d 235 ) (1999); Yarbrough v. State, 241 Ga. App. 777, 780 (3) ( 527 SE2d 628 ) (2000). 7 Neither jury selection nor the hearing on Peek’s motion for new trial was transcribed. 8 Sirmans v. State, 244 Ga. App. 252, 256 (4) ( 534 SE2…
discussed Cited as authority (rule) Trejo v. State (2×)
Ga. Ct. App. · 2000 · confidence medium
Davis v. State, 204 Ga. App. 657 (1) ( 420 SE2d 349 ) (1992); see Simpson v. State, 234 Ga. App. 729, 730-731 (2) ( 507 SE2d 860 ) (1998); OCGA § 16-6-3 (a). 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Sewell v. State (2×)
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991); Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ) (1996).
examined Cited as authority (rule) Sewell v. State (3×) also: Cited "see"
Ga. Ct. App. · 2000 · confidence medium
NOTES [1] Watts v. State, 186 Ga.App. 358 (1), 366 S.E.2d 849 (1988) (whole court). [2] 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [3] Howard v. State, 261 Ga. 251, 252 , 403 S.E.2d 204 (1991); Turner v. State, 223 Ga.App. 448, 449 (1)(a), 477 S.E.2d 847 (1996). [4] OCGA § 16-6-4(a). [5] OCGA § 16-6-4(c). [6] OCGA § 16-4-1. [7] OCGA § 24-4-8. [8] (Citations omitted.) Dent v. State, 220 Ga.App. 147 (1), 469 S.E.2d 311 (1996).
cited Cited as authority (rule) Mallard v. State
Ga. Ct. App. · 2000 · confidence medium
(Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Vickers v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
(Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).
discussed Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 1999 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).
cited Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
(Citations and punctuation omitted.) Turner v. State, 223 Ga.App. 448, 449 (1)(a), 477 S.E.2d 847 .
cited Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
(Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).
discussed Cited as authority (rule) Osborne v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1999 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.’ (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).” Howard v. State, 227 Ga. App. 5, 8 (6) (a) ( 488 SE2d 489 ). *354 (b) “The testimony of a single witness is generally sufficient to establish a fact. . . .” OCGA § 24-4-8.
cited Cited as authority (rule) Simpson v. State
Ga. Ct. App. · 1998 · confidence medium
Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 1998 · confidence medium
As to the child molestation conviction, this argument is without merit because “[t]here is no requirement that the testimony of the victim of child molestation or aggravated child molestation be corroborated.” (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (b) ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Lee v. State
Ga. Ct. App. · 1998 · confidence medium
We disagree. “ A child-victim’s prior consistent statements, as recounted by third parties to whom such statements were made, can constitute “sufficient substantive evidence of corroboration” in a statutory rape case. [Cit.]’ [Cit.]” Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996).
cited Cited as authority (rule) Collins v. State
Ga. Ct. App. · 1998 · confidence medium
Turner v. State, 223 Ga. App. 448, 450 ( 477 SE2d 847 ) (1996).
discussed Cited as authority (rule) Glenn v. State
Ga. Ct. App. · 1997 · confidence medium
In order to obtain a conviction, “[t]here is no requirement that the testimony of the victim of child molestation or aggravated child molestation be corroborated.” (Citation and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (b) ( 477 SE2d 847 ) (1996); see also Newport v. State, 224 Ga. App. 481, 482 ( 480 SE2d 868 ) (1997); Weeks v. State, 187 Ga. App. 307, 308 ( 370 SE2d 344 ) (1988).
discussed Cited as authority (rule) Howard v. State
Ga. Ct. App. · 1997 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ). (b) “A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another. . . .” OCGA § 16-7-1 (a).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1997 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citations and punctuation omitted.) Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1997 · confidence medium
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld." (Citations and punctuation omitted.) Turner v. State, 223 Ga.App. 448, 449 (1)(a), 477 S.E.2d 847 .
discussed Cited "see" GARNER v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
Specifically, she testified that 1 in 80 African Americans would match the profile and 1 in 300 Caucasian Americans would match it, and based on these statistics, she considered Garner to be a partial match. 18 Salazar v. State , 245 Ga. App. 878 , 880 (2), 539 S.E.2d 231 (2000) ; see Turner v. State , 223 Ga. App. 448 , 450 (2), 477 S.E.2d 847 (1996) ("A child-victim's prior consistent statements, as recounted by third parties to whom such statements were made, can constitute sufficient substantive evidence of corroboration in a statutory rape case." (punctuation omitted) ). 19 See supra note…
discussed Cited "see, e.g." Parson v. State (2×)
Ga. Ct. App. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Turner v. State, 223 Ga. App. 448, 449 (1) (a) ( 477 SE2d 847 ) (1996).
discussed Cited "see, e.g." Wilson v. State (2×)
Ga. Ct. App. · 1999 · signal: see also · confidence medium
See also Turner v. State, 223 Ga. App. 448, 450 (2) ( 477 SE2d 847 ) (1996); Ogles v. State, supra at 93 (1) (b).
discussed Cited "see, e.g." Brooks v. State (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see also Turner v. State, 223 Ga. App. 448, 449-450 (2) ( 477 SE2d 847 ) (1996); Legg v. State, 207 Ga. App. 399 ( 428 SE2d 87 ) (1993). 3.
Turner
v.
the State
A96A1702.
Court of Appeals of Georgia.
Oct 17, 1996.
477 S.E.2d 847
James D. Michael, for appellant., Norris Turner, pro se., J. Tom Morgan, District Attorney, Lee A. Mangone, Robert M. Coker, Assistant District Attorneys, for appellee.
McMurray, Johnson, Ruffin.
Cited by 34 opinions  |  Published
McMURRAY, Presiding Judge.

Defendant was charged in an indictment with rape, statutory rape, and two counts of child molestation. At defendant’s jury trial, the then 13-year-old victim, “K. R.,” testified that she went to live with her mother in June 1994. This was when K. R. was 12. Defendant, who “was [K. R.’s] mama’s boyfriend,” also lived there. One day after school, defendant told K. R. “to take [her] panties off and lay on the floor [of her mother’s bedroom].” Defendant was clad only in shorts. He pulled them off, and “he had sex with [K. R.].” “His penis touched [K. R.’s] vagina, . . . [on the] inside, . . . and it hurt[ ].” Defendant also touched K. R.’s “breasts [. . . and] buttocks [. . . with] his hands.” K. R. related another time when defendant “told [her] to get on top of him[, . . . and] his penis touched [her] vagina.” This happened “a lot of times.” Defendant “told [K. R.] not to tell nobody.”

The victim’s sister, “N. H.,” testified that she had “seen [K. R.] and [defendant].” “They [were] on [her] mom’s bed.” N. H. affirmed that defendant was “laying on the bed[, . . .] on his back[, . . . and K. R.] was on top of him.” Ms. Janie Mae Woods, K. R.’s grandmother, testified that “on one Saturday [in January 1995, K. R.] called and she was real upset. She was crying and she was wanting to come home. She didn’t want to stay at her mother’s house anymore.” Since that time, K. R. “has crying spells sometimes. She has a very poor appetite. Her sleep pattern is not very good. She doesn’t sleep well at night. She has 'nightmares when she goes to sleep. She wets the bed at the age of 12. And she’s 13 now, but she started back wetting the bed.” “S. D.” is K. R.’s 14-year-old cousin. S. D. testified that K. R. confirmed to her the events as related by N. H.

The jury acquitted defendant of the rape charge but found him guilty of statutory rape and both counts of child molestation. His motion for new trial was denied, and this appeal followed. Held:

Defendant’s sole enumeration of error urges the general[*449] grounds. He argues in his brief that the evidence was “contradictory and raised serious questions as to whether the offenses . . . actually occurred.” “Combining the contradictions in witness testimony and the absence of physical evidence, [defendant contends] no rational trier of fact, having scrutinized the [S]tate’s evidence, could have found the essential elements of the crime[s] beyond a reasonable doubt.”

1. “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).

(a) “On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant (defendant here) no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560). Howard v. State, 261 Ga. 251, 252 (403 SE2d 204); King v. State, 213 Ga. App. 268, 269 (444 SE2d 381). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve. (Cits.) As long as there is some (competent) evidence, even though contradicted, to support each fact necessary to make out the (S)tate’s case, the jury’s verdict will be upheld. (Cit.)’ Searcy v. State, 236 Ga. 789, 790 (225 SE2d 311).” Grier v. State, 218 Ga. App. 637, 638 (1) (463 SE2d 130).

(b) “There is no requirement that the testimony of the victim of child molestation or aggravated child molestation be corroborated. Toles v. State, 202 Ga. App. 815 (1) (415 SE2d 531); Saunders v. State, 195 Ga. App. 810 (1) (395 SE2d 53); Fitzgerald v. State, 193 Ga. App. 76 (2) (386 SE2d 914). Nevertheless, the testimony of the victim in the case sub judice was corroborated by evidence of her outcry to her [grand]mother and [by the direct evidence of the eyewitness, N. H.]. Stander v. State, 193 Ga. App. 212 (1) (387 SE2d 422).” Dent v. State, 220 Ga. App. 147 (1) (469 SE2d 311). The evidence was sufficient under the standard of Jackson v. Virginia, supra, to authorize the jury’s verdicts that defendant committed child molestation beyond a reasonable doubt as alleged in Counts 3 and 4 of the indictment. Dent v. State, 220 Ga. App. 147 (1), supra; Patterson v. State, 212 Ga. App. 257 (1) (441 SE2d 414).

2. “A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.” OCGA § 16-6-3 (a).

[*450] Decided October 17, 1996 Reconsideration denied November 4, 1996. James D. Michael, for appellant. Norris Turner, pro se. J. Tom Morgan, District Attorney, Lee A. Mangone, Robert M. Coker, Assistant District Attorneys, for appellee.

In the case sub judice, the repeated acts of intercourse testified to by K. R., occurring when she was 12 years old, were corroborated by her confession to S. D., as well as by the testimony of N. H., and by K. R.’s behavior after these acts. “[A] child-victim’s prior consistent statements, as recounted by third parties to whom such statements were made, can constitute ‘sufficient substantive evidence of corroboration’ in a statutory rape casé. Long v. State, 189 Ga. App. 131, 132 (1) (375 SE2d 274).” Ogles v. State, 218 Ga. App. 92 (1) (b), 93 (460 SE2d 866). The enumeration of tfie general grounds is without merit.

Judgment affirmed.

Johnson and Ruffin, JJ, concur.