Brown v. State

The plain error doctrine is limited to capital cases and criminal cases in which the trial judge allegedly intimates an opinion of the defendant's guilt.

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A jury found Jerry Brown guilty of two counts of aggravated child molestation, two counts of child molestation, false imprisonment, and enticing a child for indecent purposes. In seven enumerations of error, Brown challenges his conviction on appeal. Specifically, Brown argues that the trial court violated several of his constitutional rights and erred in admitting certain evidence. Brown also alleges that he received ineffective assistance of trial counsel. For reasons discussed below, we disagree and affirm. Viewed favorably to the verdict,1 the evidence shows that in July 2000, when K. J. was 12 years old, she informed her mother that she had been molested by her stepfather, her step-uncle, and her step-grandfather, Jerry Brown. The three men were indicted jointly, and Brown moved for severance. The State agreed to sever the trial, and Brown was tried in October 2001.

Only four witnesses testified on behalf of the State: K. J.; K. J.’s mother; a police investigator; and an emergency room nurse. K. J. testified that she had known Brown since she was eight years old, when she lived in Boston, Massachusetts. According to K. J., while in Boston, Brown had exposed his penis to her and touched her in a way that made her uncomfortable. K. J. moved to Georgia in 1999, and Brown apparently moved as well. On one occasion, Brown took K. J. to his house, purportedly to have her help him clean his garage. Once K. J. was at the house, she was unable to leave because the front door was locked. K. J. testified that Brown tugged her towards him, “pulled her pants down,” and “had sex with her.” He subsequently performed oral sodomy on the victim and forced her to perform oral sex on him. The victim claimed that the incident at Brown’s house was not her first sexual encounter with Brown and that on multiple occasions he either had sexual intercourse with her and/or sodomized her.

Brown v. State

The plain error doctrine is limited to capital cases and criminal cases in which the trial judge allegedly intimates an opinion of the defendant's guilt.

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