Is a Parent’s Marijuana Use Relevant to Allegations They Hurt Their Child?

Normally, a prosecutor cannot try to convict a defendant of a crime by pointing to evidence they may have committed some other unrelated criminal offense. This is generally considered inadmissible “character evidence.” That said, the state can offer proof of an uncharged offense as “intrinsic evidence” that it was part of the charged offense, even if it puts the defendant’s character in question.

Court of Appeals: Marijuana Use Demonstrated “Nonchalant Attitude” About Child’s Well-Being

A recent Georgia Court of Appeals decision, McCloud v. State, helps to explain what we are talking about here. In this case, prosecutors charged a mother and father with deliberately injuring their three-week-old child. The case was largely circumstantial as to who actually inflicted the injuries. At trial, the father suggested the mother was responsible. Nevertheless, the jury found the father guilty on multiple charges.

On appeal, the father argued the prosecution improperly introduced evidence that he used marijuana. More to the point, he used marijuana on the day the child was hospitalized for his injuries. At trial, a hospital security officer testified the father “appeared to be under the influence of marijuana.” The father also admitted to smoking marijuana because he was “nervous” about what was happening with his child.

The father argued that telling the jury about his marijuana use amounted to a backdoor introduction of inadmissible character evidence. The Court of Appeals disagreed. The court noted the prosecution’s theory of the case was that the father “had a nonchalant attitude about [the child’s] well-being and medical care.” This was relevant to establishing whether or not the defendant was the person responsible for the child’s injuries.

Furthermore, the marijuana usage related to an additional charge of child cruelty, as it could demonstrate why the father failed to seek timely medical care for the child. In other words, the Court of Appeals said the jury was allowed to find that the defendant’s “decision to smoke marijuana instead of accompanying his badly injured infant to the hospital was part of a larger body of evidence” that supported the prosecution’s case. Indeed, the trial court only allowed evidence of the father’s marijuana use as it related to his “appearance and statements at the hospital,” and not his larger drug habits.

Contact Hawkins Spizman Trial Lawyers Today

Crimes involving domestic violence and physical harm to children tend to bring down the full weight of the state, especially when the alleged abuser is the child’s parent or legal guardian. So if you have been accused of hurting your own child, you must be prepared to defend yourself in court. A qualified Atlanta domestic violence lawyer can review the state’s case against you and advise you on an appropriate course of action. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

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