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Robinson v. State

The trial court erred in permitting the State to impeach the defendant with evidence of his prior convictions under former O.C.G.A. § 24-9-84.1 without conducting the proper balancing tests.

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A Fulton County jury convicted Jonathan Robinson of two counts of rape, two counts of kidnaping and one count of armed robbery. He was acquitted of one count of rape, one count of aggravated sodomy and one count of impersonating a police officer.1 He appeals from the denial of his motion for new trial, contending that the trial court erred in denying his motion for recusal, in permitting evidence of his prior arrests and convictions into evidence for the purposes of impeachment, in failing to excuse a prospective juror for cause, and in issuing improper jury charges. He also contends that he received ineffective assistance from his trial counsel. For the following reasons, we vacate Robinson’s conviction and remand the case to the trial court for further proceedings consistent with this opinion.

The evidence, construed in favor of the jury’s verdict, showed that on May 13, 2000, K. C. was standing at a telephone booth near a gas station when Robinson approached her and offered her a ride. K. C. got into his vehicle, and he drove to a secluded street. Robinson “propositioned her with money” , and she declined. He then got a police clipboard out of the back of his car and used a radio ostensibly to call for backup. Robinson then became aggressive, came around to K. C.’s side of the car, and raped her. K. C. had just had a baby and was still recovering from the birth. Robinson then drove K. C. home, where she told her mother that she had been sexually assaulted and that she needed to call 911. K. C. testified that she had never before met Robinson.

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