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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 Georgia Code 24-8-806 From Courtlistener.com

Total Results: 2

Esprit v. State

Court: Supreme Court of Georgia | Date Filed: 2019-03-11

Citation: 826 S.E.2d 7, 305 Ga. 429

Snippet: 270 Ga. at 244, 510 S.E.2d 1. See also OCGA § 24-8-806 (new Evidence Code provision establishing similar

Murdock v. State

Court: Supreme Court of Georgia | Date Filed: 2016-06-06

Citation: 299 Ga. 177, 787 S.E.2d 184, 2016 WL 3144350, 2016 Ga. LEXIS 403

Snippet: provides: Except as provided in Code Section 24-8-806 [pertaining to the impeachment of a declarant