Heard v. State, 471 S.E.2d 22 (Ga. Ct. App. 1996). · Go Syfert
Heard v. State, 471 S.E.2d 22 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
33 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Irvin Shay Viers v. Warden (ca11, 2015-05-19)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) Irvin Shay Viers v. Warden
11th Cir. · 2015 · confidence medium
See Irving v. State, 320 Ga.App. 844, 845, 850-51 , 740 S.E.2d 778, 781, 784-85 (Ct.App.2013) (three-year-old); Whorton v. State, 321 Ga.App. 335, 335, 340-41 , 741 S.E.2d 653, 655, 658-59 (Ct.App.2013) (four-year-old); Estrada v. State, 319 Ga. *947 App. 762, 764-65, 738 S.E.2d 344, 346 (Ct.App.2013) (six-year-old); Herrington v. State, 241 Ga.App. 326, 327, 329 , 527 S.E.2d 33, 34-35 (Ct.App.1999) (five-year-old); Heard v. State, 221 Ga.App. 166, 166-67 , 471 S.E.2d 22, 22-23 (Ct.App.1996) (seven-year-old); In re B.H., 190 Ga.App. 131, 131, 133 , 378 S.E.2d 175, 176, 176-77 (Ct.App.1989) (tw…
discussed Cited as authority (rule) McMillian v. State
Ga. Ct. App. · 2003 · confidence medium
NOTES [1] (Footnote omitted.) Collins v. State, 258 Ga. App. 400 , 574 S.E.2d 423 (2002). [2] Jackson v. State, 239 Ga.App. 77 (1), 519 S.E.2d 746 (1999). [3] 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [4] (Footnotes omitted.) Childers v. State, 257 Ga. App. 377, 378 (1), 571 S.E.2d 420 (2002). [5] See Allen v. State, 263 Ga. 60 , 428 S.E.2d 73 (1993); Childers v. State, supra; Heard v. State, 221 Ga.App. 166, 167 (1), 471 S.E.2d 22 (1996). [6] (Citations and punctuation omitted.) Kelley v. State, 233 Ga.App. 244, 251 (5), 503 S.E.2d 881 (1998). [7] See id.; compare Strickland v. St…
cited Cited as authority (rule) McMillian v. State
Ga. Ct. App. · 2003 · confidence medium
See Allen v. State, 263 Ga. 60 ( 428 SE2d 73 ) (1993); Childers v. State, supra; Heard v. State, 221 Ga. App. 166, 167 (1) ( 471 SE2d 22 ) (1996).
cited Cited as authority (rule) In the Interest of A. H.
Ga. Ct. App. · 2003 · confidence medium
Heard v. State, 221 Ga. App. 166, 167-168 (2) ( 471 SE2d 22 ) (1996).
cited Cited as authority (rule) In Re AH
Ga. Ct. App. · 2003 · confidence medium
Heard v. State, 221 Ga.App. 166, 167-168 (2), 471 S.E.2d 22 (1996).
discussed Cited as authority (rule) Herrington v. State
Ga. Ct. App. · 1999 · confidence medium
J., and McMurray, P. J, concur. 1 Herrington was also found guilty of two counts of aggravated sodomy, but the trial judge held that the aggravated sodomy counts merged with the aggravated child molestation counts. 2 OCGA § 24-3-16. 3 Gregg v. State, 201 Ga. App. 238, 240 (3) (b) ( 411 SE2d 65 ) (1991). 4 Id. 5 See Medina v. State, 234 Ga. App. 13, 14 (1) (a) ( 505 SE2d 558 ) (1998). 6 Id. 7 Id. at 15 (1) (b). 8 Dismuke v. State, 261 Ga. 254 (1) ( 403 SE2d 812 ) (1991). 9 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 10 See, e.g., Lindo v. State, 218 Ga. App. 756, 757 (…
discussed Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
Allen v. State, 263 Ga. 60 -61 (2) ( 428 SE2d 73 ) (videotape); McCormick v. State, 228 Ga. App. 467, 468 (4) ( 491 SE2d 903 ) (statements to official investigator); Jones v. State, 226 Ga. App. at 422-423 (2), supra (statements to adults); Heard v. State, 221 Ga. App. 166, 167-168 (2) ( 471 SE2d 22 ) (videotape).
discussed Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
Allen v. State, 263 Ga. 60 -61(2), 428 S.E.2d 73 (videotape); McCormick v. State, 228 Ga.App. 467, 468 (4), 491 S.E.2d 903 (statements to official investigator); Jones v. State, 226 Ga.App. at 422-423 (2), 487 S.E.2d 56 , supra (statements to adults); Heard v. State, 221 Ga.App. 166, 167-168 (2), 471 S.E.2d 22 (videotape).
discussed Cited as authority (rule) Scroggins v. State
Ga. Ct. App. · 1999 · confidence medium
See, e.g., Havron v. State, 234 Ga. App. 413 -414 (1) ( 506 SE2d 421 ) (1998) (video and audio tapes admitted); Heard v. State, 221 Ga. App. 166, 167-168 (2) ( 471 SE2d 22 ) (1996) (videotape admitted).
cited Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 1998 · confidence medium
Gregg v. State, 201 Ga. App. 238, 240 (3) (b) ( 411 SE2d 65 ) (1991).” Heard v. State, 221 Ga. App. 166, 167 (2) ( 471 SE2d 22 ).
cited Cited as authority (rule) Glenn v. State
Ga. Ct. App. · 1997 · confidence medium
Heard v. State, 221 Ga. App. 166, 167 ( 471 SE2d 22 ) (1996); Brewer v. State, 219 Ga. App. 16 ( 463 SE2d 906 ) (1995).
examined Cited "see" Barlow v. State (4×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See generally Heard v. State, 221 Ga.App. 166, 168 , 471 S.E.2d 22 (1996).
discussed Cited "see" Green v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Heard v. State, 221 Ga. App. 166, 167 (1) ( 471 SE2d 22 ) (1996); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2.
discussed Cited "see, e.g." Sims v. State (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence medium
See also Kirkland v. State, 206 Ga. App. 27, 30 (9) ( 424 SE2d 638 ) (1992) (witness properly allowed to testify as to statements made by victim’s five-year-old child at scene immediately after collision). 19 Heard v. State, 221 Ga. App. 166, 168 ( 471 SE2d 22 ) (1996). 20 202 Ga. App. 134 ( 413 SE2d 752 ) (1991). 21 See Heard, supra.
Heard
v.
the State
A96A0473.
Court of Appeals of Georgia.
Apr 17, 1996.
471 S.E.2d 22
Smith, Price & Wright, Sidney P. Wright, for appellant., Stephen F. Lanier, District Attorney, for appellee.
Andrews, Pope, Smith.
Cited by 16 opinions  |  Published
Smith, Judge.

Kevin Heard was found guilty by a jury of two counts of aggravated child molestation and two counts of child molestation. He was sentenced as a recidivist, and he appeals following the denial of his motion for new trial.

Construed to support the jury’s verdict, the evidence at trial showed that the seven-year-old victim, the daughter of Heard’s former girl friend, told her eleven-year-old cousin that Heard had been making her rub his genitals, and that “white stuff came out.” The victim told her cousin that Heard warned her not to tell anyone or he would kill her mother and her brother. The cousin told her father and[*167] her school counselor.

Investigator Stephanie Hill of the Rome Police Department conducted a videotaped interview with the victim after receiving a referral from the Floyd County DFACS. Anatomically correct dolls were used during the interview, and the victim described several instances of oral sodomy and masturbation performed by Heard.

1. Heard enumerates the general grounds, arguing that no physical evidence of molestation existed, that the child’s statements in the interview were not spontaneous, that inconsistencies were apparent in the child’s statement, and that motive existed for the child and her mother to accuse him falsely. We do not agree that the child’s statements during the interview conducted by Hill were not spontaneous. See Division 2, infra. Hill had never met the victim before the interview and did not suggest answers to questions. Several of the points raised by Heard do have some merit: Minor inconsistencies existed in the child’s testimony regarding the dates of the incidents; the child was not examined by a physician because no instances of penetration were alleged; and the evidence suggested that Heard’s ending a relationship with the victim’s mother might have been a possible motive for the accusations. These contentions go to the weight to be given the evidence, however, and not to its sufficiency to support the jury’s verdict. We find the evidence presented sufficient to authorize the jury to find Heard guilty of the charged crimes under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Heard objected at trial on several grounds to admission of the videotaped interview with the victim. On appeal, he contends the trial court erred in admitting the tape into evidence because it lacked sufficient indicia of reliability as required by OCGA § 24-3-16, and in denying his motion for new trial on this ground. We do not agree.

Relying upon Rolader v. State, 202 Ga. App. 134, 140 (413 SE2d 752) (1991), Heard complains that the victim’s statements were inadmissible. He maintains that here, as in Rolader, the interviews were conducted by a law enforcement officer for the purpose of gathering evidence for use in this criminal proceeding. According to Heard, this fact, when coupled with the minor inconsistencies in the child’s statements, the lack of spontaneity, and the lack of physical evidence, makes the statement inherently unreliable. Heard misconstrues the holding in Rolader, which was based upon its specific facts.

The factors considered in determining whether sufficient indicia of reliability exist include: (1) the conditions under which the statement was made; (2) the statement’s spontaneity; (3) the age of the child; (4) the child’s demeanor; (5) the child’s physical and mental condition; (6) the presence or absence of any threats or promises of benefit; (7) any involvement of drugs or alcohol; (8) the child’s gen[*168] eral credibility; (9) the presence or absence of any coaching by parents or others either before or during the giving of the statement; and (10) the consistency between repeated out-of-court statements. Gregg v. State, 201 Ga. App. 238, 240 (3) (b) (411 SE2d 65) (1991).

Decided April 17, 1996. Smith, Price & Wright, Sidney P. Wright, for appellant. Stephen F. Lanier, District Attorney, for appellee.

In Rolader, the victim was a four-year-old child who was subjected to many interviews and preparation sessions over a period of several months to ready her for trial. The sessions and interviews were with law enforcement officers and a therapist who was “assisting” the officers. Id. at 136-138, 141 (1). Inconsistencies between the child’s out-of-court statements were both substantial and material, and the child accused two other men of molesting her, undermining her credibility. Id. at 138. This court found in Rolader that under the totality of the circumstances present in that case, the child’s out-of-court statement did not display the “ ‘particularized guarantees of trustworthiness’ as would obviate the appellant’s Confrontation Clause objection.” Id. at 141 (1).

In contrast, the record here shows that the victim was older, that she was not interviewed by any other law enforcement officers prior to giving the taped statement, and that no evidence of coaching by parents or others was present; the only people present during the interview were the victim and Hill. The minor inconsistencies in the victim’s statement were not substantive in nature, and her general credibility was not called into question. We conclude that many of the factors to be considered indicated reliability.

Moreover, the victim was present in court and testified. Heard had the opportunity to cross-examine her regarding her allegations, providing him with an additional safeguard to his right to a fair trial. See Baker v. State, 211 Ga. App. 515, 517 (3) (439 SE2d 668) (1993); Gregg, supra, 201 Ga. App. at 241 (3) (c). The trial court did not err in admitting this evidence or in denying Heard’s motion for new trial on this ground.

Judgment affirmed.

Pope, P. J., and Andrews, J., concur.