Fuller v. State

Blackburn, Judge.

Appellant Allen Harold Fuller was convicted of child molestation of his 12-year-old daughter. On appeal, Fuller asserts several enumerations of error.

1. In his first enumeration of error, Fuller contends that OCGA § 24-3-16 is unconstitutional as conflicting with the Confrontation Clause of the Sixth Amendment of the Constitution of the United States. Fuller contends that the Sixth Amendment conditions the admissibility of out-of-court statements made by a child upon the unavailability of the child to testify and, once the witness is shown to be unavailable, the statement is…