Legal Opinion

Newby v. State

Court of Appeals of Georgia

Decided May 13, 2002No. A02A1420PublishedCited by 3 opinions

1Opinion of the Court

Eldridge, Judge.

A Clayton County jury found Martin Benjamin Newby guilty of child molestation for an act he committed against his nine-year-old *357stepdaughter. He appeals and claims solely that “similar transaction” evidence of other sexual overtures Newby made toward the victim during the same time period as the indicted act were introduced without compliance with Uniform Superior Court Rule 31.3. This argument is unavailing. The evidence about which Newby complains demonstrated “prior difficulties” between the victim and Newby. “USCR 31.1 and 31.3 [do] not apply to evidence of‘prior…

2Cases cited5 opinions

  1. Wall v. StateSupreme Court of Georgia · 1998
  2. State v. BeltSupreme Court of Georgia · 1998
  3. Kettman v. StateSupreme Court of Georgia · 1987
  4. Spearman v. StateSupreme Court of Georgia · 1997
  5. Smith v. StateSupreme Court of Georgia · 1998

3Cited by3 opinions

  1. Williams v. StateCourt of Appeals of Georgia · 2008
  2. Freeman v. StateCourt of Appeals of Georgia · 2004
  3. Newby v. StateCourt of Appeals of Georgia · 2003

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