Cline v. State

A spoliation charge, based on O.C.G.A. § 24-4-22, is not appropriate in a criminal case.

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Following a jury trial, James Cline appeals his conviction of aggravated sexual battery1 and cruelty to children,2 contending that 1 the trial court erroneously granted the State’s motion in limine regarding a State’s witness’s first-offender guilty plea to a drug offense; 2 the court erred in admitting evidence of three similar transactions involving Cline’s prior sexual abuse of underage girls; 3 the court erred in denying his motion for new trial based on a claim of ineffective assistance of counsel; and 4 the evidence was insufficient to support the guilty verdict as to the cruelty to children offense. For the reasons that follow, we affirm. Construed in favor of the verdict,3 the evidence shows that Cline’s daughter, a 16 year old who lived with her mother, was scheduled to stay with Cline while the mother was out of town. When the daughter arrived at Cline’s residence after being out with her boyfriend, Cline was asleep in the only bed available. Cline woke up and allowed the daughter to sleep in his bed while he prepared a temporary bed for himself on the floor. The daughter was later awakened by Cline lying in the bed next to her and touching her vagina. The daughter immediately got out of the bed and fled the residence as Cline pursued her, telling her he did not mean to touch her and pleading for her to stay. The daughter drove to her boyfriend’s house as Cline followed in his own vehicle. Cline followed her into the boyfriend’s house, apologizing and saying “I did it. I did a terrible thing. I wish I could cut my arm off. I wish I could cut my hand off. I hurt her.” Cline eventually left, and the daughter stayed at the boyfriend’s house after calling her mother. The next day, at the daughter’s request, the mother took her to the police department to file a report.

Cline was charged with committing aggravated sexual battery and cruelty to children, and following a trial, a jury found him guilty of both counts. Cline unsuccessfully moved for a new trial on ineffective assistance grounds; he now appeals.

Cline v. State

A spoliation charge, based on O.C.G.A. § 24-4-22, is not appropriate in a criminal case.

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