Steele v. State, 546 S.E.2d 547 (Ga. Ct. App. 2001). · Go Syfert
Steele v. State, 546 S.E.2d 547 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: Floyd v. State (gactapp, 2009-05-08)
Top citers, strongest first. 7 distinct citers.
cited Cited as authority (rule) Floyd v. State
Ga. Ct. App. · 2009 · confidence medium
Steele v. State, 248 Ga. App. 441, 442 (1) ( 546 SE2d 547 ) (2001).
discussed Cited as authority (rule) Ivey v. State
Ga. Ct. App. · 2002 · confidence medium
Baskin, Assistant District Attorney, for appellee. 1 Xulu v. State, 256 Ga. App. 272, 275 (4) ( 568 SE2d 74 ) (2002). 2 Nelson v. State, 255 Ga. App.. 315, 317 (1) ( 565 SE2d 551 ) (2002). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Steele v. State, 248 Ga. App. 441, 443 (3) ( 546 SE2d 547 ) (2001); Smith v. State, 210 Ga. App. 634, 635 (2) ( 437 SE2d 333 ) (1993).
discussed Cited as authority (rule) Callahan v. State
Ga. Ct. App. · 2002 · confidence medium
The charge tracked the language of OCGA § 24-9-85 (b), which provides: “If a witness shall willfully and knowingly swear falsely, his testimony *487 shall be disregarded entirely, unless corroborated by circumstances or other unimpeached evidence.” The statute applies when “the witness admits that he wilfully and knowingly swore falsely, or where the testimony is such as to render the purpose to falsify manifest.” (Citations and punctuation omitted.) Steele v. State, 248 Ga. App. 441, 442 (1) ( 546 SE2d 547 ) (2001).
discussed Cited "see" Walker v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Ga. L. 1996, p. 1071, § 1. 3 Dennis v. State, 294 Ga. App. 171 ( 669 SE2d 187 ) (2008). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Bright v. State, 301 Ga. App. 204, 205 (1) ( 687 SE2d 208 ) (2009). 6 Keith v. State, 279 Ga. App. 819, 822 (3) ( 632 SE2d 669 ) (2006). 7 Steele v. State, 248 Ga. App. 441, 443 (3) ( 546 SE2d 547 ) (2001). 8 Lilly v. State, 285 Ga. App. 427, 429 ( 646 SE2d 512 ) (2007).
discussed Cited "see" Hines v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Steele v. State, 248 Ga. App. 441, 443 (3) ( 546 SE2d 547 ) (2001). 2.
discussed Cited "see, e.g." Bruce v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
Turner v. State, 245 Ga. App. 294, 297 (4) (d) ( 536 SE2d 814 ) (2000); see also Steele v. State, 248 Ga. App. 441, 442 (1) ( 546 SE2d 547 ) (2001).
discussed Cited "see, e.g." Bruce v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
NOTES [1] 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [2] See Conaway v. State, 277 Ga. 422, 424 (2), 589 S.E.2d 108 (2003). [3] Lajara v. State, 263 Ga. 438, 440 (3), 435 S.E.2d 600 (1993). [4] Suggs v. State, 272 Ga. 85, 87-88 (4), 526 S.E.2d 347 (2000). [5] See Roberts v. State, 263 Ga. 807, 808 (2)(b), 439 S.E.2d 911 (1994). [6] See Washington v. State, 276 Ga. 655, 659 (3)(c), 581 S.E.2d 518 (2003). [7] (Citation and punctuation omitted.) Berry v. State, 267 Ga. 476, 482 (4)(i), 480 S.E.2d 32 (1997). [8] Turpin v. Christenson, 269 Ga. 226, 239 (12)(b), 497 S.E.2d 216 (1998). [9…
Steele
v.
the State
A01A0738.
Court of Appeals of Georgia.
Mar 5, 2001.
546 S.E.2d 547
Lenzer & Lenzer, Robert W. Lenzer, Thomas P. Lenzer, for appellant., Patrick H. Head, District Attorney, Eleanor A. Kornahrens, Dana J. Norman, Assistant District Attorneys, for appellee.
Eldridge, Andrews, Miller.
Cited by 8 opinions  |  Published
Eldridge, Judge.

A Cobb County jury convicted Richard Allen Steele of two counts of child molestation and two counts of aggravated child molestation for acts he perpetrated against his victims, two minor children, C. W. and S. P, respectively. He was sentenced to concurrent sentences of 25 years to serve as to each count of aggravated child molestation and consecutively to concurrent sentences of 15 years to serve probated as to each count of child molestation. The defendant appeals from the superior court’s denial of his motion for new trial, as amended, contending that the superior court: (1) erred in refusing to[*442] charge OCGA § 24-9-85, [1] and (2) erred in admitting his admission to the polygraph examiner after taking a lie detector test that, on at least one occasion, he and S. P. slept in the same waterbed together in his home. Finding these claims of error to be without merit, we affirm. Held:

1. The trial court properly denied the defendant’s request to charge under OCGA § 24-9-85 (b). “OCGA § 24-9-85 (b) is applicable where the witness admits that he wilfully and knowingly swore falsely, or where the testimony is such as to render the purpose to falsify manifest.” (Citations and punctuation omitted.) Perguson v. State, 221 Ga. App. 212, 215 (2) (470 SE2d 909) (1996). A credibility charge does not satisfy the principle embodied in OCGA § 24-9-85. Id.; Blount v. State, 172 Ga. App. 120, 122 (4) (322 SE2d 323) (1984). However, where knowing, false testimony is not admitted, as here, the question of whether the complained-of testimony evidences a manifest intent to testify falsely is an issue of credibility for the jury. Fugitt v. State, 256 Ga. 292, 298 (6) (348 SE2d 451) (1986).

The defendant variously argues that the testimony of the victims showed that they had a motive to falsify their testimony, i.e., S. P. to obtain early release from boot camp and C. W. presumably to bolster S. P.’s accusations as a close friend. This testimony demanded a charge on the credibility of witnesses to be sure. As in the nature of mere conjecture or speculation, however, the possibility of a motive to testify falsely does not evidence a manifest purpose to do so. See Ferguson v. State, supra. Neither does it establish that the victims’ testimony was wilfully or knowingly false. Id. Accordingly, the victims’ credibility was for the jury to determine under a proper instruction from the court. Id. As the trial court gave such an instruction, it did not err in denying the request to charge on OCGA § 24-9-85 (b).

2. Neither did the trial court err by admitting defendant’s post-polygraph, noncustodial statement admitting that he had, on at least one occasion, slept in the same bed with S. P. “[A]dmissions which are otherwise competent and admissible are not to be excluded simply because the admissions were made after the taking of a lie detector test.” Drane v. State, 265 Ga. 255, 258 (5) (455 SE2d 27) (1995). Accord Smith v. State, 265 Ga. 570, 571 (2) (459 SE2d 420) (1995). That some confusion of record exists as to whether defendant made the complained-of statement before or after the test [2] is immaterial in[*443] that the same rule applies in either situation. Drane v. State, supra at 259; Williams v. State, 144 Ga. App. 130, 135 (240 SE2d 890) (1977). In any event, the record reflects that before making his statement, the defendant had been given his Miranda warning and signed a waiver of rights form. There is no evidence that the defendant misunderstood his rights or that he gave his statement involuntarily. The court granted defendant’s motion to suppress, foreclosing any comment making reference to the polygraph examination, and the defendant does not complain of any. Under these circumstances, the statement at issue was properly admitted in evidence.

Decided March 5, 2001 Lenzer & Lenzer, Robert W. Lenzer, Thomas P. Lenzer, for appellant. Patrick H. Head, District Attorney, Eleanor A. Kornahrens, Dana J. Norman, Assistant District Attorneys, for appellee.

3. Finally, reviewed in the light most favorable to the verdict, Singleton v. State, 231 Ga. App. 694 (1) (500 SE2d 411) (1998), the record shows that the victim children testified as to the acts of child molestation and aggravated child molestation performed on them as alleged in the indictment — S. P. describing in detail aggravated child molestation by anal and oral sodomy on separate occasions and C. W. in a like manner describing child molestation by the defendant touching C. W.’s penis and buttocks with his hand on one occasion and, on another, by defendant’s touching and rubbing his penis on C. W.’s buttocks. Although the defendant denied the charges in the pre-trial statement he made to police upon initially being interviewed, on appeal “all conflicts [are] resolved in favor of the verdict. Self v. State, 208 Ga. App. 447, 448 (431 SE2d 126) (1993).” Metts v. State, 210 Ga. App. 197 (1) (435 SE2d 525) (1993). “ ‘ “The testimony of a single witness is generally sufficient to establish a fact.” OCGA § 24-4-8.’ [Cit.]” Weeks v. State, 220 Ga. App. 141, 143 (2) (469 SE2d 316) (1996). The evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of the offenses for which he was convicted and sentenced. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Metts v. State, supra.

Judgment affirmed.

Andrews, P. J., and Miller, J., concur.
1

OCGA § 24-9-85 (b) provides: “If a witness shall willfully and knowingly swear falsely, his testimony shall be disregarded entirely, unless corroborated by circumstances or other unimpeached evidence.”

2

In testimony at a pre-trial suppression hearing, the polygraph examiner settled the confusion regarding whether the defendant made the complained-of statement pre- or post-test, stating that he believed the statement was made after the second of the three tests of which the polygraph examination consisted.