Legal Opinion · Concurrence

Godbey v. State

Court of Appeals of Georgia

Decided December 2, 1999No. A99A0868Published

1ConcurrenceEldridge, Judge

I concur in judgment only.

1. (a) Godbey waived any issue of notice under Uniform Superior Court Rules 31.1 and 31.3 by electing to make his character an affirmative defense.1 USCR 31.3 (D); Nixon v. State, 234 Ga. App. 797, 799 (507 SE2d 833) (1998); Miller v. State, 226 Ga. App. 509, 513 (486 SE2d 911) (1997).2 Amy Fredell’s testimony became admissible regardless of whether any notice had been given at all. USCR 31.3 (D).(b) Further:

Child molestation, child abuse, and family violence are uniquely those cases in which the victim or victims are repeatedly and secretly the subject of criminal…

2Cases cited15 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1976
  2. Farley v. StateSupreme Court of Georgia · 1995
  3. Parrish v. StateCourt of Appeals of Georgia · 1999
  4. Bohannon v. StateCourt of Appeals of Georgia · 1993
  5. Condra v. StateCourt of Appeals of Georgia · 1999

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