Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 24-8-806 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-8-806 Case Law from Google Scholar Amendments to OCGA 24-8-806

TITLE 24 EVIDENCE

Section 8. Hearsay, 24-8-801 through 24-8-826.

ARTICLE 1 GENERAL PROVISIONS

24-8-806. Attacking and supporting credibility of a declarant.

When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, shall not be subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party shall be entitled to examine the declarant on the statement as if under cross-examination.

(Code 1981, §24-8-806, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Attacking and supporting the declarant's credibility, Fed. R. Evid. 806.

Editor's notes.

- In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Section 24-8-803 for notes on hearsay declarants.

JUDICIAL DECISIONS

Prior inconsistent statement.

- Trial court did not err in admitting extrinsic evidence of the cousin's prior inconsistent statements because the state complied with the prerequisites of O.C.G.A. § 24-6-613(b) as both the prosecutor and defense counsel examined the witness as to each of the prior inconsistent statements and the witness was afforded an opportunity to explain or to deny the prior inconsistent statements, which entitled the prosecutor to ask leading questions. McNair v. State, 330 Ga. App. 478, 767 S.E.2d 290 (2014).

Cases Citing O.C.G.A. § 24-8-806

Total Results: 5  |  Sort by: Relevance  |  Newest First

Copy

Esprit v. State, 826 S.E.2d 7 (Ga. 2019).

Cited 33 times | Published | Supreme Court of Georgia | Mar 11, 2019 | 305 Ga. 429

..." Stinski v. State, 286 Ga. 839, 856, 691 S.E.2d 854 (2010), that is, "by the introduction of relevant evidence which would be admissible for impeachment purposes if the declarant was in court," *14Smith, 270 Ga. at 244, 510 S.E.2d 1. See also OCGA § 24-8-806 (new Evidence Code provision establishing similar rule). Thus, Jones's plea-hearing statements would have been admissible to impeach his prior statements to Robateau only if they would have been admissible to impeach Jones, had he chosen to testify at the joint trial....
Copy

Murdock v. State, 299 Ga. 177 (Ga. 2016).

Cited 18 times | Published | Supreme Court of Georgia | Jun 6, 2016 | 787 S.E.2d 184

...State, 298 Ga. 37, 40 (2) (779 SE2d 275) (2015). Accordingly, this claim of error also is without merit. Judgment affirmed. All the Justices concur. 6 In pertinent part, OCGA § 24-6-613 (b) provides: Except as provided in Code Section 24-8-806 [pertaining to the impeachment of a declarant by inconsistent statement or conduct], extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an...
Copy

Merritt v. State, 310 Ga. 433 (Ga. 2020).

Cited 10 times | Published | Supreme Court of Georgia | Nov 12, 2020

...unable to recall his prior statement — failed to raise the correct objection that the State was improperly attempting to introduce a prior inconsistent statement. See OCGA § 24-6-613 (b) (“Except as 10 provided in Code Section 24-8-806, extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an opportunity to explain or deny the prior inconsistent statement and the opposite party is afforded...
Copy

Redding v. State, 838 S.E.2d 282 (Ga. 2020).

Cited 4 times | Published | Supreme Court of Georgia | Jan 27, 2020 | 307 Ga. 722

...nt told White that Kenyatta planned to rob and beat up White.) Appellant’s counsel asked the trial court’s permission to impeach White’s out-of- court statement to the detective with a certified copy of White’s prior conviction. See OCGA § 24-8-806 (“When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness....
Copy

Esprit v. The State (two Cases), 305 Ga. 429 (Ga. 2019).

Published | Supreme Court of Georgia | Mar 11, 2019