Reynolds v. State, 363 S.E.2d 249 (Ga. 1988). · Go Syfert
Reynolds v. State, 363 S.E.2d 249 (Ga. 1988). Cases Citing This Book View Copy Cite
112 citation events (35 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Cited for
257 Ga. at 726 Determining reliability of hearsay under statute16 citing cases“it may be advisable in some situations to hold such a hearing outside the presence of the jury,”2 citing courts quote it
  • Dority v. the State, 780 S.E.2d 129 (Ga. Ct. App. 2015).published 3 cites
    Gregg, 201 Ga. App. at 239 (3) (a); Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988). “[T]his statutory requirement is met if after both parties have rested, the record contains evidence which would support... a finding [of…
  • Demarkius Dority v. State, No. A15A1192 (Ga. Ct. App. Nov. 20, 2015).published 3 cites
    Gregg, 201 Ga. App. at 239 (3) (a); Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988). “[T]his statutory requirement is met if after both parties have rested, the record contains evidence which would support . . . a finding […
  • Snider v. State, 695 S.E.2d 383 (Ga. Ct. App. 2010).published
    Barnes, P. J., and Bernes, J., concur. 1 OCGA § 16-6-4 (c). 2 OCGA § 16-6-4 (a). 3 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 4 Gregg v. State, 201 Ga. App. 238, 239 (3) (a) ( 411 SE2d 65 ) (1991). 5 Reynolds v. Sta…
  • Newman v. State, 649 S.E.2d 349 (Ga. Ct. App. 2007).published
    Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
  • Phillips v. State, 644 S.E.2d 153 (Ga. Ct. App. 2007).published
    Ruffin and Bernes, JJ., concur. 1 OCGA§ 16-6-4 (a). 2 OCGA § 16-6-22.2 (b). 3 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 4 Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988). 5 Gregg v. State, 201 Ga. A…
  • Brock v. State, 605 S.E.2d 907 (Ga. Ct. App. 2004).published
    Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
  • Kingsley v. State, 603 S.E.2d 78 (Ga. Ct. App. 2004).published
    Reynolds v. State, 257 Ga. 725, 726 ( 363 SE2d 249 ) (1988).
  • Ferreri v. State, 600 S.E.2d 793 (Ga. Ct. App. 2004).published
    The Georgia Supreme Court has noted that failure to hold a pretrial Gregg hearing is not in itself error, but that such a hearing “maybe advisable in some situations.” Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
  • Roberson v. State, 526 S.E.2d 428 (Ga. Ct. App. 1999).published 2 cites
    “it may be advisable in some situations to hold such a hearing outside the presence of the jury”
  • Tidwell v. State, 464 S.E.2d 834 (Ga. Ct. App. 1995).published
    Allen v. State, 263 Ga. 60 (2) ( 428 SE2d 73 ) (1993); Reynolds v. State, 257 Ga. 725, 726 (3) ( 363 SE2d 249 ) (1988); Sosebee v. State, 257 Ga. 298 ( 357 SE2d 562 ) (1987). (b) Tidwell premises his second constitutionality attack on his…
Show 6 more citing cases
  • Allen v. State, 428 S.E.2d 73 (Ga. 1993).published
    Reynolds v. State, 257 Ga. 725, 726 (3) ( 363 SE2d 249 ) (1988); Sosebee v. State, 257 Ga. 298 ( 357 SE2d 562 ) (1987).
  • Gregg v. State, 411 S.E.2d 65 (Ga. Ct. App. 1991).published
    “OCGA § 24-3-16 does not require a hearing to determine ‘indicia of reliability’ be held prior to receiving the testimony”
  • Young v. State, 405 S.E.2d 338 (Ga. Ct. App. 1991).published
    Reynolds v. State, 257 Ga. 725, 726 ( 363 SE2d 249 ).
  • McCoy v. State, 390 S.E.2d 251 (Ga. Ct. App. 1990).published
    “if the witness testifies at trial and is subject to cross-examination”
  • Alexander v. State, 404 S.E.2d 616 (Ga. Ct. App. 1991).published 2 cites
    See Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
  • Smith v. State, 405 S.E.2d 78 (Ga. Ct. App. 1991).published 2 cites
    See Cuzzort v. State, [supra].” Appellant does not challenge the constitutionality of the statute, which was settled in Reynolds, supra at 726 (3). (b) Appellant unavailingly asserts that the admission in evidence of the children’s out-of-…
257 Ga. at 725 Admissibility of child's out-of-court statements under hearsay exception4 citing casesreferring to “numerous acts of child molestation . . . including sexual intercourse1 citing court put it this way · 3 listed here
  • In the Interest of T. M. H., 398 S.E.2d 766 (Ga. Ct. App. 1990).published
    Appellant’s argument that the juvenile court erred by not first determining the children’s statements possessed “sufficient indicia of reliability” is controlled adversely to him by Reynolds, supra at 725-726 (2). (c) Appellant’s argument…
  • Smith v. State, 405 S.E.2d 78 (Ga. Ct. App. 1991).published 2 cites
    See Cuzzort v. State, [supra].” Appellant does not challenge the constitutionality of the statute, which was settled in Reynolds, supra at 726 (3). (b) Appellant unavailingly asserts that the admission in evidence of the children’s out-of-…
  • Hill v. Williams, 770 S.E.2d 800 (Ga. 2015).published 4 cites
    (referring to “numerous acts of child molestation . . . including sexual intercourse)
257 Ga. at 727 “We find that the evidence was sufficient to support the verdict beyond a reasonable doubt.”1 citing casethe opinion's own words at *727
  • Spivey v. State, 407 S.E.2d 425 (Ga. Ct. App. 1991).published 2 cites
    See OCGA § 24-9-83; Reynolds v. State, 257 Ga. 725, 727 (5) ( 363 SE2d 249 ) (1988).
Other citing cases7 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Reynolds
v.
the State
44799.
Supreme Court of Georgia.
Jan 6, 1988.
Published opinion
363 S.E.2d 249
1988 Ga. LEXIS 6
Farrar & Farrar, Archibald A. Farrar, Jr., for appellant., David L. Lomenick, Jr., District Attorney, David J. Dunn, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, for appellee.
Gregory, Smith.
Cited by 51 opinions  |  Published
Gregory, Justice.

Appellant, John William Reynolds, was convicted of the offenses of incest and child molestation. We affirm.

The victim in this case was Reynold’s thirteen-year-old stepdaughter, A. M. J. She is mildly retarded and is enrolled in a special education program at school. In early 1986 A. M. J. reported to her teacher that Reynolds had been molesting her. The teacher informed a child protective services worker, who interviewed the child. During the interview, A. M. J. again described numerous acts of child molestation committed upon her by Reynolds, including sexual intercourse.

At trial, A. M. J. testified that Reynolds, whom she referred to as “daddy,” had sexual intercourse with her on several occasions. Dr. David Kerns testified, based on his examination of A. M. J., that she was “non-virginal.” Further, the teacher and the social services worker were allowed to testify to statements A. M. J. had made to them regarding the event.

1. Reynolds contends the trial court erred by allowing the teacher and social services worker to testify to the out-of-court statements made by A. M. J. because the statements were hearsay and were offered to bolster A. M. J.’s in-court testimony. As regards the hearsay objection, we find this testimony falls squarely within OCGA § 24-3-16 and the trial court did not err by allowing the statements. See Cuzzort v. State, 254 Ga. 745 (334 SE2d 661) (1985). However, Cuzzort did not decide whether such statements were admissible over an objection that they bolstered the witness’ in-court testimony. It only decided the issue raised in that case which was hearsay. The validity of other objections that might be raised to such testimony was not addressed by Cuzzort. Nor will we address the bolstering issue here because it was not raised below.

2. Reynolds contends that the trial court erred by allowing the[*726] teacher and the social worker to testify to statements made by A. M. J. without first making a determination that the statements possessed “sufficient indicia of reliability.”

OCGA § 24-3-16 does not require a hearing to determine “indicia of reliability” be held prior to receiving the testimony. Although it may be advisable in some situations to hold such a hearing outside the presence of the jury, we cannot say that failure to do so in this case was error since the trial court ultimately found the statements reliable and admitted them and obviously would have done the same following a separate hearing.

3. Reynolds argues that OCGA § 24-3-16 is unconstitutional under both the federal and state constitutions in that it denies defendant the right of confrontation because he is precluded from testing the veracity of the witness at the time the statements were originally made. We disagree.

We note that in this case A. M. J. actually testified at trial and was subject to a thorough cross-examination. In this situation defendant was not denied the right of confrontation even though he was unable to confront A. M. J. when the statements were originally made. The right of confrontation is satisfied if the witness testifies at trial and is subject to cross-examination. California v. Green, 399 U. S. 149 (90 SC 1930, 26 LE2d 489) (1970). See Sosebee v. State, 257 Ga. 298 (357 SE2d 562) (1987).

4. Reynolds also contends that his right of confrontation was violated because the teacher and social services worker testified at trial to out of court statements made by A. M. J. that were not mentioned during A. M. J.’s testimony. Therefore, Reynolds contends he was denied the opportunity to cross-examine A. M. J. regarding these statements. As noted above, however, the right of confrontation is preserved if the witness testifies at trial and is subject to cross-examination. It is not necessary that the witness repeat at trial everything that was said in the out of court statement. Reynold’s remedy here was to recall A. M. J. and cross-examine her about these statements.

5. Reynolds argues he should have been allowed to offer for impeachment purposes testimony of certain witnesses who would have related instances in which A. M. J. told that her mother was dead and that her sister was bitten by a rattlesnake. He contends this testimony would have established prior inconsistent statements by A. M. J. which tended to impeach her testimony as a witness pursuant to OCGA § 24-9-83.

During the trial defense counsel asked A. M. J. on cross-examination if she told the potential witnesses that her mother was dead. Her answer was no. When asked if she told other potential witnesses that her sister had been bitten by a rattlesnake, she answered yes.

[*727] Decided January 6, 1988. Farrar & Farrar, Archibald A. Farrar, Jr., for appellant. David L. Lomenick, Jr., District Attorney, David J. Dunn, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, for appellee.

OCGA § 24-9-83 provides in part: “A witness may be impeached by contradictory statements previously made by him as to matters relevant to his testimony and to the case. . . .” A. M. J.’s in-court testimony about the rattlesnake bite was consistent with her previous statement. There is an inconsistency regarding the statement about her mother’s death. However, neither her mother’s death nor the rattlesnake bite are matters which bear even a remote materiality to the case on trial and for that reason the trial court did not err. Stockton v. State, 20 Ga. App. 186 (92 SE 1019) (1917); Kennedy v. State, 9 Ga. App. 219 (70 SE 986) (1911); See Thomas v. State, 168 Ga. App. 587 (309 SE2d 881) (1983) and Strickland v. State, 166 Ga. App. 702 (305 SE2d 434) (1983). See also Cleary ed., McCormick on Evidence, § 185 (1984).

6. We find that the evidence was sufficient to support the verdict beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur, except Smith, J., who concurs in the judgment only.