Lynn v. State (2009)

Here, the victim testified at trial and was subject to cross-examination by the defendant, “thereby giving the jury the opportunity to judge her demeanor and credibility during that examination.” (Citation, punctuation and footnote omitted.) Lynn v. State, 300 Ga. App. 170, 173 (2) ( 684 SE2d 325 ) (2009).

Here, the victim testified at trial and was subject to cross-examination by the defendant, “thereby giving the jury the opportunity to judge her demeanor and credibility during that examination.” (Citation, punctuation and footnote omitted.) Lynn v. State, 300 Ga. App. 170, 173 (2) ( 684 SE2d 325 ) 14 (2009).

See Paul S. Milich, Georgia Rules of Evidence § 13:4, p. 228 (2d ed. 2002). 14 State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ) (1981). 15 See OCGA § 24-3-16 (“A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is availab…

(Punctuation omitted.) Lynn v. State, 300 Ga. App. 170, 173 (2) ( 684 SE2d 325 ) (2009).

I., who was eleven years old at the time of trial, testified that she was sexually abused by Wilson when she was five years old. 5 The interviews were not transcribed in the record. 6 Purvis, supra; Lopez v. State, 258 Ga. App. 92, 93 ( 572 SE2d 736 ) (2002). 7 See OCGA § 24-9-80. 8 (Citation, punctuation and footnote omitted.) Lynn v. State, 300 Ga. App. 170, 173 (2) ( 684 SE2d 325 ) (2009). 9 OCGA § 16-6-4 (a) (1). 10 OCGA § 16-6-22.2 (b).

(Doc. 14, p. 1); see also Lynn v. State, 684 S.E.2d 325 (Ga. Ct. App. 2009).