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.
Strongest positive: Dority v. the State (gactapp, 2015-11-23)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 27 distinct citers.
examined Cited as authority (rule) Dority v. the State (3×)
Ga. Ct. App. · 2015 · confidence medium
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 indicia of reliability].” Gregg, 201 Ga. App. at 239 (3) (a). “[A]s long as sufficient evidence of indicia of reliability appears in the record either before or after the introduction *99 of the child’s out-of-court statements, the fair trial rights of the defendant are adequately protected.” Id. at 240 (3) (a).
examined Cited as authority (rule) Demarkius Dority v. State (3×)
Ga. Ct. App. · 2015 · confidence medium
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 indicia of reliability].” Gregg, 201 Ga. App. at 239 (3) (a). “[A]s long as sufficient 7 From Jan. 1, 2013 to July 1, 2013, OCGA § 24-8-820 provided as follows: 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 shall be admissible in evidence by the …
discussed Cited as authority (rule) Snider v. State
Ga. Ct. App. · 2010 · confidence medium
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. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988). 6 Evans v. State, 300 Ga. App. 180, 181 ( 684 SE2d 311 ) (2009). 7 Right v. State, 242 Ga. App. 13, 16-17 (1) ( 528 SE2d 542 ) (2000). 8 Tuff v. State, 278 Ga. 91, 94 (4) ( 597 SE2d 328 ) (2004). 9 Duggan v. State, 285 Ga. 363, 366 (2) ( 677 SE2d 92 ) (2009). 10 Nunez v. State, 258 Ga. App. 860, 863 (2) (b) …
cited Cited as authority (rule) Newman v. State
Ga. Ct. App. · 2007 · confidence medium
Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
discussed Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 2007 · confidence medium
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. App. 238, 239 (3) (a) ( 411 SE2d 65 ) (1991). 6 Xulu v. State, 256 Ga. App. 272, 275 (4) ( 568 SE2d 74 ) (2002). 7 Newton v. State, 281 Ga. App. 549, 552 (2) ( 636 SE2d 728 ) (2006). 8 Conley v. State, 257 Ga. App. 563, 565 (2) ( 571 SE2d 554 ) (2002). 9 Branesky v. State, 262 Ga. App. 33, 36 (3) (a) ( 584 SE2d 669 ) (2003). 10 Rayburn v. State, 194 Ga. App.…
cited Cited as authority (rule) Brock v. State
Ga. Ct. App. · 2004 · confidence medium
Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
cited Cited as authority (rule) Kingsley v. State
Ga. Ct. App. · 2004 · confidence medium
Reynolds v. State, 257 Ga. 725, 726 ( 363 SE2d 249 ) (1988).
discussed Cited as authority (rule) Ferreri v. State
Ga. Ct. App. · 2004 · confidence medium
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).
discussed Cited as authority (rule) Roberson v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
The Supreme Court of Georgia has recognized that when considering child hearsay testimony under OCGA § 24-3-16, “it may be advisable in some situations to hold such a hearing outside the presence of the jury.” Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
discussed Cited as authority (rule) Tidwell v. State
Ga. Ct. App. · 1995 · confidence medium
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 conclusion that the trial court failed to examine fully the reliability of the child’s declarations during the pretrial hearing and the trial.
cited Cited as authority (rule) Allen v. State
Ga. · 1993 · confidence medium
Reynolds v. State, 257 Ga. 725, 726 (3) ( 363 SE2d 249 ) (1988); Sosebee v. State, 257 Ga. 298 ( 357 SE2d 562 ) (1987).
discussed Cited as authority (rule) Gregg v. State
Ga. Ct. App. · 1991 · confidence medium
In fact, our courts have consistently held “OCGA § 24-3-16 does not require a hearing to determine ‘indicia of reliability’ be held prior to receiving the testimony,” Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (where appellant had contended “the trial court erred by allowing the [witnesses] to testify to statements made by [child] without first making a determination that the statements possessed ‘sufficient indicia of reliability.’ ”).
discussed Cited as authority (rule) Spivey v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
See OCGA § 24-9-83; Reynolds v. State, 257 Ga. 725, 727 (5) ( 363 SE2d 249 ) (1988).
cited Cited as authority (rule) Young v. State
Ga. Ct. App. · 1991 · confidence medium
Reynolds v. State, 257 Ga. 725, 726 ( 363 SE2d 249 ).
discussed Cited as authority (rule) In the Interest of T. M. H.
Ga. Ct. App. · 1990 · confidence medium
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 that, there was no clear and convincing evidence the children were deprived because none of the State’s witnesses had personally observed appellant together with the children (it appearing that the witnesses’ contact with the children arose after appellant was incarcerated) is based on the position, rejected in Division 1 (b), that the statement…
discussed Cited as authority (rule) McCoy v. State
Ga. Ct. App. · 1990 · confidence medium
It is well settled that the admission of such evidence under these circumstances does not violate the constitutional right of confrontation “if the witness testifies at trial and is subject to cross-examination.” Reynolds v. State, 257 Ga. 725, 726 (3) ( 363 SE2d 249 ) (1988).
discussed Cited "see" Smith v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Reynolds v. State, *147 257 Ga. 725 (4) ( 363 SE2d 249 ) (1988).” Jones v. State, 200 Ga. App. 103 ( 407 SE2d 85 ).
discussed Cited "see" Braddy v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Reynolds v. State, 257 Ga. 725 (4) ( 363 SE2d 249 ) (1988).” Jones v. State, 200 Ga. App. 103 ( 407 SE2d 85 ).
discussed Cited "see" Jones v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Reynolds v. State, 257 Ga. 725 (4) ( 363 SE2d 249 ) (1988).
discussed Cited "see" Howard v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Reynolds v. State, 257 Ga. 725 (3) ( 363 SE2d 249 ) (1988). 5.
discussed Cited "see" Alexander v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988).
discussed Cited "see" Smith v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 1991 · signal: see · confidence high
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-court statements violated his federal confrontation rights, as this was rejected in Sosebee v. State, 257 Ga. 298 ( 357 SE2d 562 ) (1987).
discussed Cited "see" Holden v. State (2×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See Reynolds v. State, 257 Ga. 725 (1) ( 363 SE2d 249 ) (1988); Lovell v. State, 185 Ga. App. 521, 522 (2) ( 365 SE2d 133 ) (1988).
discussed Cited "see, e.g." Hill v. Williams, Warden (2×)
Ga. · 2015 · signal: see also · confidence medium
See also Reynolds v. State, 257 Ga. 725, 725 ( 363 SE2d 249 ) (1988) (referring to “numerous acts of 4 In addition to these elements, both crimes require that the accused did the “immoral or indecent act” “with the intent to arouse or satisfy the sexual desires of either the child or the [accused].” OCGA § 16-6-4 (a) (1).
discussed Cited "see, e.g." Hill v. Williams (2×)
Ga. · 2015 · signal: see also · confidence medium
See also Reynolds v. State, 257 Ga. 725, 725 ( 363 SE2d 249 ) (1988) (referring to “numerous acts of child molestation . . . including sexual intercourse”); Patterson v. State, 233 Ga. App. 776, 776 (1) ( 505 SE2d 518 ) (1998) (proof of sexual intercourse with fourteen-year-old child was sufficient to sustain convictions for both statutory rape and child molestation); Wallace v. State, 228 Ga. App. 686, 687 (1) ( 492 SE2d 595 ) (1997) (proof of sexual intercourse with twelve-year-old child was sufficient to sustain convictions for both statutory rape and child molestation).
discussed Cited "see, e.g." Hurst v. State (2×)
Ga. Ct. App. · 1991 · signal: see also · confidence low
See also Reynolds v. State, 257 Ga. 725 (1) ( 363 SE2d 249 ) (1988).
discussed Cited "see, e.g." Ware v. State (2×)
Ga. Ct. App. · 1989 · signal: see also · confidence low
Accord Celis v. State, 186 Ga. App. 866 (2) ( 369 SE2d 53 ) (1988); see also Reynolds v. State, 257 Ga. 725 (2) ( 363 SE2d 249 ) (1988); Bess v. State, supra; Windom v. State, 187 Ga. App. 18 (2) ( 369 SE2d 311 ) (1988).
Reynolds
v.
the State
44799.
Supreme Court of Georgia.
Jan 6, 1988.
363 S.E.2d 249
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.