Higgins v. State

Under the discovery rules in effect at the time of his trial, defendant was not entitled to a copy of the victim's videotaped statement.

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A Fulton County jury convicted Lewis Higgins of three counts of aggravated sodomy, OCGA § 16-6-2 a, two counts of aggravated child molestation, OCGA § 16-6-4 c, and three counts of child molestation, OCGA § 16-6-4 a. The trial court granted Higgins’ motion for an out-of-time appeal, and Higgins filed his appeal with this Court. Higgins contends his trial counsel was ineffective, the trial court erred in denying his motion for a continuance and in admitting certain evidence, and the evidence was insufficient to support his convictions. Finding no error, we affirm.

1. On appeal from his criminal convictions, Higgins no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict. Bethel v. State, 232 Ga. App. 82, 83 1 500 SE2d 595 1998. So viewed, the record reveals that shortly after Higgins began living with his girlfriend, Deborah Nolen, his eight year-old daughter, T. H., moved in with them. T. H. had been living with her paternal grandmother in Tennessee. On December 5, 1989, Nolen caught Higgins in the act of performing oral sex on T. H. Nolen testified that shortly after she told Higgins she planned to shower and then go to bed, she walked through the living room and saw T. H. sitting on the couch, her gown pushed up and her underpants pulled down. Higgins was crouched between T. H.’s legs, his mouth on her genitals. Nolen testified that she froze in horror, dropped the lotion bottle she had been holding, and said “Oh, my God.” Higgins told Nolen that he wanted her to catch him so that she would force him to get help. Nolen agreed to give Higgins a month to seek professional help. During that period, Nolen, and a neighbor in whom she confided, ensured that Higgins was never alone with T. H. Higgins never sought psychological help.

Higgins v. State

Under the discovery rules in effect at the time of his trial, defendant was not entitled to a copy of the victim's videotaped statement.

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