Garner v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice. '

Defendant Joseph B. Garner was convicted of three counts of child molestation for having sex and engaging in other sexual activities with the daughter of the woman with whom he lived. We affirm, finding two video depositions admitted at trial did not fall within a hearsay exception but that their admission constituted harmless error.

Background,

In July 1998, Defendant moved in with his girlfriend, Anna Camp, and her three daughters: S.C., age thirteen; T.C., age twelve; and L.C., age five. Between July and November 1999, while Defendant resided with…