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McCorkle v. State

The general rule against verdict impeachment precluded the defendant from attacking the verdict by claiming that one juror told other jurors that he was guilty.

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Cedric McCorkle was tried for two counts of aggravated child molestation. He was convicted on the first count but acquitted on the second. Following the denial of his amended motion for new trial, he filed this appeal in which he claims that the evidence was insufficient to sustain the conviction and asserts that he was denied the right to a fair and impartial jury. Having examined both issues and finding no merit to either, we affirm.

On appeal, the evidence must be viewed in a light most favorable to the verdict and McCorkle no longer enjoys the presumption of innocence.1 When so viewed, the evidence established that a licensed day-care provider, Tamanika Oda, befriended McCorkle, a restaurant co-worker, and allowed him to stay at her home in which she operated a day-care business. Oda testified that one afternoon she put four children down for their naps and then proceeded to take a shower. When she returned to the bedroom, the victim was lying on the bed and McCorkle was patting her on her back. The victim, almost four-years-old, cried out to Oda, “He’s killing me, he’s killing me.” When Oda asked her what she meant, the child, visibly upset, looked at McCorkle and did not respond. Oda asked McCorkle to leave the room and questioned the child further. The child appeared to Oda to be upset, and was crying and “huffing and puffing.” The victim told Oda that McCorkle made her “put his wee-wee in her mouth.” Upon further questioning, Oda determined that by “wee-wee,” the child meant penis. When Oda then asked McCorkle to explain why the child would say something like that, McCorkle said all he did was fix her a sandwich.

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