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Goulding v. State

The trial court did not abuse its discretion in declining to excuse a juror for cause after the juror expressed doubt that she could be fair and impartial to the defendant, because she also stated affirmatively that she had no bias or prejudice against the defendant.

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A jury convicted Jonathan Goulding of two counts each of cruelty to children, aggravated assault, and aggravated battery after Goulding’s three-month-old baby was diagnosed with injuries consistent with shaken baby syndrome. Goulding raises five arguments on appeal, contending that: 1 the trial court improperly denied his motion to excuse a juror for cause; 2 the trial court erred in allowing the State to play a Day in the Life video of the injured child; 3 a jury instruction constituted an illegal comment on the evidence; 4 Goulding’s right to be present during a critical stage of his trial was violated when a seated juror was dismissed; and 5 the trial court erred by denying Goulding’s request to charge on accident. For the reasons that follow, we affirm the verdict.

1. We view the evidence on appeal in the light most favorable to the verdict. Smith v. State, 283 Ga. 237 1 657 SE2d 523 2008. So viewed, the evidence shows that the victim was born three weeks early on January 1, 2008, and remained in the hospital for 19 days due to some breathing and feeding difficulties. The mother returned to work on February 4, 2008, and Goulding cared for the baby until she came home, when he handed the baby to her and returned to playing an online video game called World of Warcraft. Once when the mother came home for lunch, she found the baby propped up on the living room couch with a bottle while Goulding played World of Warcraft in the bedroom with earphones on. Goulding explained that the baby had been crying and he needed a break.

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