Cline v. State, 480 S.E.2d 269 (Ga. Ct. App. 1997). · Go Syfert
Cline v. State, 480 S.E.2d 269 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
54 citation events (40 in the last 25 years) across 1 distinct court.
Strongest positive: Russell Todd Turner v. State (gactapp, 2025-09-15)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (rule) Russell Todd Turner v. State
Ga. Ct. App. · 2025 · confidence medium
Compare Patterson v. State, 278 Ga. App. 168, 169 ( 628 SE2d 618 ) (2006) (the state’s expert witness responded “no” when asked at trial if “at any time [the expert witness] ever fe[lt] like the victim made up the story that she told [the expert witness] to get back at her father” and “if [the expert witness] believed that the victim made up the allegations against [the accused] for any reason”) (punctuation omitted); Williams v. State, 266 Ga. App. 578, 582 (2) ( 597 SE2d 621 ) (2004) (DFCS caseworker testified at trial that she “didn’t feel that [the victim’s interview st…
discussed Cited as authority (rule) UNDERWOOD v. the STATE. (2×)
Ga. Ct. App. · 2018 · confidence medium
Importantly, Underwood's inability to show his arousal through an erection does not negate the charges against him because the child molestation statute "does not require proof of [the defendant's] actual arousal." Cline , supra, 224 Ga. App. at 236 (1), 480 S.E.2d 269 ; see also *319 Brown v. State , 324 Ga. App. 718 , 720-721 (1), 751 S.E.2d 517 (2013) ("the law requires only that the defendant have acted with the intent to arouse his sexual desires.
discussed Cited as authority (rule) Cecil Ray Wright v. State
Ga. Ct. App. · 2014 · confidence medium
Compare Gaston v. State, 317 Ga. App. 645, 647-648 (1) ( 731 SE2d 79 ) (2012) (father’s affirming that he believed the victim when she told him that she had been molested by the defendant was improper); Walker v. State, 296 Ga. App. 531, 534-535 (1) (b) ( 675 SE2d 270 ) (2009) (aunt’s testimony in child molestation case that “this child is telling me the truth” was improper); Cline v. State, 224 Ga. App. 235, 236-237 (2) ( 480 SE2d 269 ) (1997) (statement of witness in child molestation case that she “felt [the victim] was very credible” was improper); Lagana v. State, 219 Ga. App.…
discussed Cited as authority (rule) Wright v. State
Ga. Ct. App. · 2014 · confidence medium
Compare Gaston v. State, 317 Ga. App. 645, 647-648 (1) ( 731 SE2d 79 ) (2012) (father’s affirming that he believed the victim when she told him that she had been molested by the defendant was improper); Walker v. State, 296 Ga. App. 531, 534-535 (1) (b) ( 675 SE2d 270 ) (2009) (aunt’s testimony in child molestation case that “this child is telling me the truth” was improper); Cline v. State, 224 Ga. App. 235, 236-237 (2) ( 480 SE2d 269 ) (1997) (statement of witness in child molestation case that she “felt [the victim] was very credible” was improper); Lagana v. State, 219 Ga. App.…
discussed Cited as authority (rule) Marquis Brown v. State
Ga. Ct. App. · 2013 · confidence medium
This argument is not supported by relevant law. 6 The child molestation statute “does not require proof of [the defendant’s] actual arousal.” Cline v. State, 224 Ga. App. 235, 236 (1) ( 480 SE2d 269 ) (1997) (rejecting defendant’s argument that State failed to prove child molestation where evidence showed he did not obtain or maintain an erection during the charged incidents).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2013 · confidence medium
The child molestation statute “does not require proof of [the defendant’s] actual arousal.” Cline v. State, 224 Ga. App. 235, 236 (1) ( 480 SE2d 269 ) (1997) (rejecting defendant’s argument that State failed to prove child molestation where evidence showed he did not obtain or maintain an erection during the charged incidents).
discussed Cited as authority (rule) Robert Moore v. State
Ga. Ct. App. · 2013 · confidence medium
See Thomas v. State, __ Ga. App. __ (4) (a) (Case No. A12A1188, decided on Nov. 28, 2012) (pointing out that “where the bolstering testimony is not the only evidence linking the defendant to the crime, it is highly probable that the admission of such evidence did not contribute to the jury’s verdict”) (citation and punctuation omitted); Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997) (bolstering testimony in child molestation case was harmless, where defendant admitted to improperly touching the victim).
discussed Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2013 · confidence medium
See Thomas v. State, 318 Ga. App. 849, 854 (4) (a) ( 734 SE2d 823 ) (2012) (pointing out that “where the bolstering testimony is not the only evidence linking the defendant to the crime, it is highly probable that the admission of such evidence did not contribute to the jury’s verdict”) (citation and punctuation omitted); Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997) (bolstering testimony in child molestation case was harmless, where defendant admitted to improperly touching the victim).
discussed Cited as authority (rule) Bibb v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Northern v. State, 285 Ga. App. 303, 306 (1) (b) ( 645 SE2d 701 ) (2007) (“[T]he testimony of the child molestation victim alone was sufficient to authorize the jury... to infer that he acted with the intent to arouse or satisfy his and her sexual desires”) (citation and punctuation omitted); Malone v. State, 277 Ga. App. 694, 696 (1) ( 627 SE2d 378 ) (2006) (same); Duvall v. State, 273 Ga. App. 143, 143 (1) (a) ( 614 SE2d 234 ) (2005) (“Intent, which is a mental attitude, is commonly detectible only inferentially, and the law accommodates this.”); Cline v. State, 224 Ga. Ap…
discussed Cited as authority (rule) Walker v. State
Ga. Ct. App. · 2009 · confidence medium
Smith, P. J., and Adams, J., concur. 1 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 (Footnotes omitted.) Nguyen v. State, 294 Ga. App. 67 ( 668 SE2d 514 ) (2008). 3 (Citations and punctuation omitted.) Hudson v. State, 284 Ga. 595, 597-598 (5) ( 669 SE2d 94 ) (2008), citing Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 4 (Citation omitted.) McDaniel v. State, 279 Ga. 801, 802 (2) (a) ( 621 SE2d 424 ) (2005). 5 See Hampton v. State, 279 Ga. 625, 627-628 (4) ( 619 SE2d 616 ) (2005). 6 (Citations omitted.) Smith v. State, 282 Ga. 388, 389 (1) ( 651 SE2d 28 )…
discussed Cited as authority (rule) Burnette v. State
Ga. Ct. App. · 2008 · confidence medium
Adams, J., concurs in judgment only. 1 See Bilow v. State, 279 Ga. App. 509, 511 (1) ( 631 SE2d 743 ) (2006). 2 See Leonard v. State, 279 Ga. App. 192 (1) ( 630 SE2d 804 ) (2006). 3 Id. 4 (Citations omitted.) Cline v. State, 224 Ga. App. 235, 237-238 (4) ( 480 SE2d 269 ) (1997). 5 (Punctuation and footnote omitted.) Davis v. State, 287 Ga. App. 786, 788 (2) ( 653 SE2d 104 ) (2007). 6 Id. 7 (Citation omitted.) Leonard, supra at 194 (2). 8 (Punctuation and footnote omitted.) Nichols v. State, 288 Ga. App. 118, 121 (3) ( 653 SE2d 300 ) (2007). 9 The questions are: (1) “Have you, for any reason,…
discussed Cited as authority (rule) Howie v. State
Ga. Ct. App. · 2006 · confidence medium
See Huntley v. State, 271 Ga. 227, 230 (5) ( 518 SE2d 890 ) (1999) (detective’s statement that he believed that the defendant was lying during an interview, even if it amounted to an improper comment on the defendant’s veracity, likely did not contribute to the verdict); Crider v. State, 246 Ga. App. 765, 769 (4) (a) ( 542 SE2d 163 ) (2000) (officer’s statement that he believed that the child witness was being truthful was inadmissible, but there is no reasonable likelihood that the results would have differed absent the testimony); Cline v. State, 224 Ga. App. 235, 236-237 (2) ( 480 SE2…
cited Cited as authority (rule) Clark v. State
Ga. Ct. App. · 2006 · confidence medium
Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997).
cited Cited as authority (rule) Harper v. Patterson
Ga. Ct. App. · 2004 · confidence medium
Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997).
discussed Cited as authority (rule) Lovelace v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J., and Smith, J., concur. 1 Roberts v. State, 149 Ga. App. 667, 668 (5) ( 255 SE2d 126 ) (1979); Caldwell v. State, 139 Ga. App. 279, 286-287 (2) ( 228 SE2d 219 ) (1976) (physical precedent only). 2 Roberts, supra. 3 Pickstock v. State, 235 Ga. App. 451 (1) ( 509 SE2d 717 ) (1998). 4 Edgehill v. State, 253 Ga. 343, 345 (3) ( 320 SE2d 176 ) (1984); Miller v. State, 226 Ga. App. 509, 510 (1) ( 486 SE2d 911 ) (1997); Arnold v. State, 167 Ga. App. 720 (1) ( 307 SE2d 526 ) (1983). 5 Hillery v. State, 236 Ga. App. 819, 820 (2) ( 513 SE2d 527 ) (1999). 6 See OCGA § 16-5-20 (a). 7 (Citation…
discussed Cited as authority (rule) Buice v. State (2×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997).
discussed Cited as authority (rule) Kelly v. State
Ga. Ct. App. · 1999 · confidence medium
See Jordan v. State, 230 Ga. App. 344, 345 (b) ( 496 SE2d 486 ) (1998); Polk v. State, 225 Ga. App. 257, 259 (1) (c) ( 483 SE2d 687 ) (1997); Cline v. State, 224 Ga. App. 235, 238 (4) ( 480 SE2d 269 ) (1997).
discussed Cited as authority (rule) Putnam v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
Cline v. State, 224 Ga.App. 235, 237 (2), 480 S.E.2d 269 (1997).
discussed Cited "see" Gray v. State (2×)
Ga. Ct. App. · 2008 · signal: accord · confidence high
Accord Brown v. State, 287 Ga. App. 115, 116-117 (1) ( 650 SE2d 780 ) (2007). 8 (Citation omitted.) Redwine v. State, 280 Ga. 58, 59 (1) ( 623 SE2d 485 ) (2005). 9 Jackson, supra. 10 (Citations omitted.) Cline v. State, 224 Ga. App. 235, 237-238 (4) ( 480 SE2d 269 ) (1997). 11 (Punctuation and footnote omitted.) Davis v. State, 287 Ga. App. 786, 788 (2) ( 653 SE2d 104 ) (2007). 12 (Citation omitted.) Leonard v. State, 279 Ga. App. 192, 194 (2) ( 630 SE2d 804 ) (2006). 13 (Punctuation and footnote omitted.) Nichols v. State, 288 Ga. App. 118, 121 (3) ( 653 SE2d 300 ) (2007). 14 See Williams v. …
discussed Cited "see, e.g." Gaston v. State (2×)
Ga. Ct. App. · 2012 · signal: compare · confidence medium
Compare Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997) (improper bolstering testimony did not require reversal where defendant admitted to touching child victim’s vaginal area on several occasions).
discussed Cited "see, e.g." Melvin Gaston v. State (2×)
Ga. Ct. App. · 2012 · signal: compare · confidence medium
Compare Cline v. State, 224 Ga. App. 235, 237 (2) ( 480 SE2d 269 ) (1997) (improper bolstering testimony did not require reversal where defendant admitted to touching child victim’s vaginal area on several occasions).
discussed Cited "see, e.g." Hargrove v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
Johnson, P. J., and Phipps, J., concur. 1 (Footnote omitted.) Hutchinson v. State, 287 Ga. App. 415 ( 651 SE2d 523 ) (2007). 2 Hargrove is not the boy’s father. 3 (Citations and punctuation omitted.) Morris v. State, 274 Ga. App. 41, 42 (1) ( 616 SE2d 829 ) (2005); see also OCGA§ 24-3-53. 4 (Punctuation and footnote omitted.) Cummings v. State, 272 Ga. App. 886, 889 (3) ( 614 SE2d 121 ) (2005). 5 (Citations and punctuation omitted.) McCloud v. State, 210 Ga. App. 69 (1) ( 435 SE2d 281 ) (1993). 6 See Bigham v. State, 222 Ga. App. 353, 354 ( 474 SE2d 254 ) (1996). 7 Jones v. State, 272 Ga. 9…
discussed Cited "see, e.g." Odom v. State (2×)
Ga. Ct. App. · 2000 · signal: compare · confidence medium
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 …
Cline
v.
the State
A96A1837.
Court of Appeals of Georgia.
Jan 13, 1997.
480 S.E.2d 269
Richard E. Hicks, for appellant., Garry T. Moss, District Attorney, Cecelia Harris, Assistant District Attorney, for appellee.
Harold R. Banke.
Cited by 24 opinions  |  Published
Pinpoint authority: bottom 50%
Judge Harold R. Banke.

James Cline was convicted of cruelty to children and two counts of child molestation. [1] On appeal he enumerates four errors.

The evidence, viewed in the light most favorable to the verdict,[*236] revealed the following. Jackson v. Virginia, 443 U. S. 307, 319-320 (99 SC 2781, 61 LE2d 560) (1979). At trial, three females testified that Cline had fondled them. Two were the young victims of the convictions at issue. The third, a similar transaction witness, was Cline’s adult niece who testified that when she was between the ages of six and eight Cline fondled her breasts and made her touch his penis.

The first victim was an eight-year-old neighbor who often played with Cline’s daughter. She testified that the first incident of molestation occurred while she, Cline, and his daughter were watching television. After the daughter left the room, the victim climbed onto Cline’s lap and he touched her vaginal area beneath her clothing. She testified that he fondled her on at least one other occasion as well. The victim related these incidents to her teacher and her mother after a class on “good touch, bad touch.” Both corroborated her testimony. A Department of Family & Children Services (“DFCS”) worker also talked with the victim and subsequently videotaped an interview with her which was admitted at trial.

The second victim, the 13-year-old child of family friends, testified that Cline first touched her on the breast and vagina when she was in the sixth grade. She stated that he touched the inside of her vagina with his hand and his penis. She also testified that he locked her in his bedroom to watch a pornographic video and then touched her with his hand and penis. In addition, she described a similar transaction which occurred in the sleeper of Cline’s semi-truck during a trip to Louisiana when she was 11 or 12 in which he touched her breasts and vagina with his hand and penis. Held:

1. We reject Cline’s contention that the State failed to prove the element of intent necessary to uphold his child molestation convictions. The pertinent elements of child molestation are (1) commission of an immoral or indecent act; (2) to or in the presence of or with any child under the age of 16; (3) with the intent to arouse or satisfy the sexual desires of either the child or the perpetrator. OCGA § 16-6-4 (a).

Both victims’ testimony indisputably satisfies the first two elements. Cline’s intent may be inferred from his actions. Andrew v. State, 216 Ga. App. 427, 428 (454 SE2d 542) (1995). Moreover, the 13-year-old victim’s testimony that Cline told her he had an injury to his penis and his doctor told him to have sex with younger people so he could get hard also provides evidence of intent. We conclude that the evidence was sufficient for a rational trier of fact to find all the essential elements of the crimes. Jackson v. Virginia, 443 U. S. at 319-320. The statute does not require proof of actual arousal; thus, Cline’s assertion that he did not have an erection is irrelevant.

2. Cline argues that the trial court’s denial of his motion for mistrial after a DFCS employee testified that she found one of the vie[*237] tims “credible” during a pre-trial interview requires reversal of Count 3, the charge relating to the eight-year-old victim. We disagree.

The offensive testimony was an unresponsive answer to the State’s inquiry as to whether the DFCS worker noticed anything “out of the way” about the victim’s physical demeanor or mannerisms during their interview. The DFCS worker responded, “Not out of the way. What I remember documenting was that at the time I felt she was very credible.” Cline’s counsel immediately objected and moved for a mistrial. The trial court sustained the objection and denied the motion. Cline’s counsel did not request a curative instruction and none was given.

This testimony was clearly improper. Lagana v. State, 219 Ga. App. 220, 221 (1) (464 SE2d 625) (1995) (“ Tn no circumstance may a witness’ credibility be bolstered by the opinion of another ... as to whether the witness is telling the truth.’ ”); Roberson v. State, 214 Ga. App. 208, 210 (4) (447 SE2d 640) (1994). However, reversal is not required because Cline admitted he touched the eight-year-old’s vaginal area on several occasions. See Stamey v. State, 194 Ga. App. 305, 306 (1) (a) (390 SE2d 409) (1990) (physical precedent only, Court of Appeals Rule 33 (a)) (finding that social worker’s bolstering did not usurp jury’s authority because she also recited “to exhaustion” the criteria for determining the truthfulness of children); see also Moss v. State, 216 Ga. App. 711, 714 (5) (455 SE2d 411) (1995) (defense not prejudiced by failure to object to bolstering testimony). Although he denied touching the eight-year-old beneath her underwear, such proof is not required to establish the offense and the indictment only charged him with fondling the child’s vaginal area without mentioning her garments. Bragg v. State, 217 Ga. App. 342, 343 (2) (457 SE2d 262) (1995). Cline’s admission, the fact that the State in no way elicited the gratuitous and unresponsive testimony, and the amount of evidence supporting the conviction distinguish Flowers v. State, 220 Ga. App. 814, 815 (2) (468 SE2d 199) (1996).

3. We decline to reach Cline’s argument that the trial court erred in giving a charge on the similar transaction evidence which limited its application to show state of mind or to corroborate the testimony of witnesses. Cline waived the purported error by failing to object to the charge. Penaranda v. State, 203 Ga. App. 740, 741 (1) (417 SE2d 683) (1992). Nor did he file a proper written request to charge on this issue. Compare Moore v. State, 202 Ga. App. 476, 480 (3) (414 SE2d 705) (1992).

4. Cline failed to satisfy his burden of proving ineffective assistance of counsel. To establish ineffectiveness, a defendant must prove that his trial counsel’s performance was deficient and the deficiency prejudiced his defense to the extent that there was a reasonable[*238] probability the result of the trial would have been different but for defense counsel’s unprofessional deficiencies. Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Brown v. State, 257 Ga. 277, 278 (2) (357 SE2d 590) (1987). We need not inquire into counsel’s alleged deficiency absent a showing of prejudice. Trammel v. State, 265 Ga. 156 (1) (454 SE2d 501) (1995).

Decided January 13, 1997. Richard E. Hicks, for appellant. Garry T. Moss, District Attorney, Cecelia Harris, Assistant District Attorney, for appellee.

Cline argues that his counsel was unprepared because he failed to interview the State’s witnesses and did nothing when told that after one of the victims testified, she asked a DFCS worker, “Did I say what you wanted me to?” Cline presented no evidence, argument, or authority demonstrating how either of these alleged errors prejudiced his defense. Brown v. State, 257 Ga. at 278 (2); see Court of Appeals Rule 27 (c) (2). Having reviewed the trial and amended motion for new trial transcripts, we cannot say the trial court clearly erred in rejecting Cline’s claim of ineffectiveness. Maner v. State, 221 Ga. App. 826, 828 (1) (b) (472 SE2d 716) (1996).

Judgment affirmed.

Pope, P. J., and Smith, J., concur.
1

Cline was charged with molesting a third child, the eight-year-old sister of one of the other victims, but he was acquitted of that charge.