No. 18-5646

Syrus Martin v. Georgia

Lower Court: Georgia
Docketed: 2018-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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 (OCR Extract)

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.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent GEORGIA to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)
2018-06-13
Application (17A1357) granted by Justice Thomas extending the time to file until August 13, 2018.
2018-06-04
Application (17A1357) to extend the time to file a petition for a writ of certiorari from June 27, 2018 to August 13, 2018, submitted to Justice Thomas.

Attorneys

GEORGIA
Andrew Alan PinsonDeputy Solicitor, Respondent
Andrew Alan PinsonDeputy Solicitor, Respondent
MARTIN
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner