Phillips v. State

Phipps, Judge.

Phillips appeals his convictions of the rape, aggravated child molestation, and child molestation of his niece, K. P. Over hearsay objection, the trial court admitted testimony concerning out-of-court statements by K. P. and her sister, S. R, that were consistent with the testimony given by them. The trial court admitted the hearsay under Gibbons v. State 1 and Cuzzort v. State. 2 The hearsay testimony was, however, inadmissible under Cuzzort as clarified in Woodard v. State. 3 Although the out-of-court statements by the victim may have been admissible under the Child Hearsay…