Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-9-61.1 are included in the annotations for this Code section.

Discretion of court.

- In a prosecution for aggravated assault, the trial court did not abuse the court's discretion in allowing a victim, who was comatose and in a wheelchair, to remain in the courtroom since the victim's injuries as a result of the shooting were relevant to the accusation. Lewis v. State, 215 Ga. App. 161, 450 S.E.2d 448 (1994) (decided under former O.C.G.A. § 24-9-61.1)

Trial court properly allowed the victim in defendant's child molestation trial to remain in court after the defense moved for sequestration because former O.C.G.A. § 24-9-61.1 provided that the victim of a criminal offense could be entitled to be present in any court exercising jurisdiction over such offense, and it was within the sole discretion of the trial judge to determine when to allow such victim to be present in such court, and as the prosecutor had requested that the victim remain present to assist in the case, the trial court did not abuse the court's discretion. Flowers v. State, 255 Ga. App. 660, 566 S.E.2d 339 (2002) (decided under former O.C.G.A. § 24-9-61.1)

Rule of sequestration was not violated.

- Procedure of the trial judge in allowing the victim to remain in the courtroom while a detective and polygraph examiner testified, and then letting the victim give testimony was fully within the court's discretion and did not constitute reversible error. Shepherd v. State, 245 Ga. App. 386, 537 S.E.2d 777 (2000) (decided under former O.C.G.A. § 24-9-61.1)

Cited in Davis v. State, 299 Ga. 180, 787 S.E.2d 221 (2016).

ALR.

- Validity, construction, and application of state constitutional or statutory victims' bill of rights, 91 A.L.R.5th 343.