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Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child
QUESTION PRESENTED O.C.G.A. § 24-8-801 (c) defines hearsay as “a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” O.C.G.A. § 24-8-801 (d) (1) (A) states that hearsay “shall be subject to the following exclusions and conditions: (1) Prior statement by witness. (A) An out-of-court statement shall not be hearsay if the declarant testifies at the trial or hearing, is subject to cross-examination concerning the statement, and the statement is admissible as a prior inconsistent statement or a prior consistent statement under Code Section 24-6-613 or is otherwise admissible under this chapter. Whether Georgia’s child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child.