Legal Opinion · Dissent

Cuyuch v. State

Court of Appeals of Georgia

Decided July 16, 2007No. A07A0782Published

1DissentBernes, Judge

I respectfully dissent. “The right to confront one’s accusers is a concept that dates back to Roman times.” Crawford v. Washington, 541 U. S. 36, 43 (II) (A) (124 SC 1354, 158 LE2d 177) (2004). And, “[t]he primary flaw of hearsay testimony is the lack of opportunity for the declarant to be cross-examined as to honesty, truthfulness, perception, and memory.” (Punctuation and footnote omitted.) Conley v. State, 257 Ga. App. 563, 564 (1) (571 SE2d 554) (2002). This case — involving a conviction predicated solely on the testimony of law enforcement with no ability by the accused to cross-examine…

2Cases cited14 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Andrews v. StateSupreme Court of Georgia · 1982
  4. Livingston v. StateSupreme Court of Georgia · 1997
  5. White v. StateSupreme Court of Georgia · 2001

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