Webb v. State

MAXWELL, J.,

for the Court:

¶ 1. Under Mississippi Rule of Evidence 803(25), the “tender-years exception” to the hearsay rule, a witness may testify about statements “made by a child of tender years describing any act of sexual contact performed with or on the child.” Before admitting this testimony, the trial judge must conduct a hearing outside the jury’s presence and make two findings— (1) the child was of tender years when she made the statement, and (2) the statement has substantial indicia of reliability.

¶ 2. At Jeffrey Webb’s trial, Webb’s victim testified that he sexually abused her…