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Walker v. State

The trial court's statement when ruling on an objection did not bolster the witness' credibility in violation of O.C.G.A. § 17-8-57, because sustaining or overruling an objection is not a violation of O.C.G.A. § 17-8-57, and the reasons a judge gives for his ruling are neither an expression of opinion nor a comment on the evidence.

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Clyde Walker, Jr. appeals his convictions on four counts of aggravated child molestation and three counts of child molestation. On appeal, he contends that the trial court erred by barring certain evidence under the Rape Shield statute, preventing defense counsel from impeaching a State witness and commenting on the veracity of this witness, allowing the State to introduce hearsay testimony, and instructing the jury to return a partial verdict. Finding no error, we affirm Walker’s convictions. Viewed in the light most favorable to the verdict,1 the evidence shows that Walker is the step-grandfather to the victim, S. T. S. T. was molested between the ages of seven and eight, and she was nine years old at the time of trial. She was shuffled between family members after her mother entered a 30-day rehabilitation program but then failed to return for her.2 S. T. first lived with an aunt and then moved in with Walker and his wife, S. T.’s maternal grandmother. The victim’s second day in the Walker household marked the first instance of molestation.

The aunt took S. T. back into her care after the Walkers suggested sending her to live with a relative out of state, and it was at that point S. T. revealed what had transpired in Walker’s home when she and Walker were alone together —i.e. , that Walker had showered with S. T., had forced her to orally sodomize him, had orally sodomized her, and had attempted sexual intercourse with her. Additionally, S. T. graphically testified that Walker sometimes ejaculated on her bed sheets at night, and this story was corroborated by tests that revealed numerous instances of seminal fluid containing Walker’s DNA on S. T.’s bed sheets. After hearing the foregoing evidence, the jury found Walker guilty of the crimes charged. This appeal follows.

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