Bunn v. State
291 Ga. 183
| Ga. | 2012Background
- Certiorari to review Woodard Division 3 on equal protection grounds in the Child Hearsay Statute (OCGA § 24-3-16).
- Woodard held the 1995 amendment unconstitutional under rational-basis review by excluding statements of child witnesses who only observed abuse.
- Court re-examines Woodard’s Division 3 and overrules it, reinstating the legislature’s ordinary line-drawing under rational-basis scrutiny.
- Case Bunn v. State involved a stepfather-guardian scenario where children testified and a forensic interview was admitted as hearsay; Court of Appeals had followed Woodard Division 3.
- Statutory history: 1986 Child Hearsay Statute, 1994 Thornton interpretation restricting to actual victims, 1995 amendment expanding to witnesses present; 2013 statutory revision OCGA § 24-8-820.
- Major theme: rational-basis justification supports age-based and crime-type distinctions to protect child witnesses and encourage truth-telling in cases of sexual/physical abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 1995 amendment consistent with equal protection under rational-basis review? | Woodard shows no rational basis for disparity. | Legislature may tailor protection for young witnesses; disparities rational. | Overruled Woodard Division 3; rational-basis supports disparity. |
| Should Woodard Division 3 have been overruled in this case? | Maintain Woodard; trial error if misapplied. | Overruling needed to restore statutory interpretation. | Yes, overruling appropriate; Court affirmed Court of Appeals. |
| Does treating child victims-witnesses differently from non-victim witnesses violate equal protection? | Different treatment lacks rational justification. | State has legitimate interest in protecting child witnesses. | Rational-basis justification found; disparity permissible. |
Key Cases Cited
- Woodard v. State, 269 Ga. 317 (1998) (equal-protection challenge to 1995 amendment to child hearsay statute)
- Thornton v. State, 264 Ga. 563 (1994) (statutory interpretation restricting hearsay to actual victims)
- Hall v. State, 261 Ga. 778 (1991) (recognition that witnessing violence can cause child mental pain)
- Alexander v. State, 274 Ga. 787 (2002) (statutes protecting child witnesses often rationally differentiated)
- Grimsley v. State, 233 Ga. App. 781 (1998) (child cruelty/ witnessing cases upholding age-based protections)
- Bartlett v. State, 244 Ga. App. 49 (2000) (upholding convictions where child-witness protections applied)
- Farley v. State, 272 Ga. 432 (2000) (one-step-at-a-time legislative remedies under rational basis)
- City of Dallas v. Stanglin, 490 U.S. 19 (1989) (rational-basis framework—age-based regulatory distinctions)
- Jones v. Goodwin, 982 F.2d 464 (11th Cir. 1993) (rejecting equal-protection challenge to gendered/age-based distinctions in evidence)
- Berky v. State, 266 Ga. 28 (1995) (precedent on evidentiary rulings binding on appeal)
- Hatley v. State, 290 Ga. 480 (2012) (Confrontation-Clause considerations for child hearsay statements)