Westbrook v. State

I concur fully in all Divisions except Division 1. There the court construes the Child Hearsay Statute, OCGA § 24-3-16, without saying so. Since it is a construction not made in any previous decision, it ought to be recognized.

Appellant enumerates as error that the trial court found the child competent and available to testify, in derogation of the then-new statute. It provides that the child’s hearsay statements are admissible “if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability.” The…