CORNELL v. the STATE.
349 Ga. App. 883
Ga. Ct. App.2019Background
- Defendant Cornell indicted on multiple counts including aggravated sexual battery, aggravated sodomy, child molestation, and cruelty to children based on allegations by his 5-year-old niece, G.W.
- State filed notice to admit G.W.’s out-of-court statements under Georgia’s child-hearsay statute, OCGA § 24-8-820.
- At trial G.W. testified and multiple witnesses (to whom G.W. had made statements) also testified about G.W.’s reports that Cornell had touched her and made her perform sexual acts.
- Defense was able to cross-examine G.W. at trial (though defense did not ask about the out-of-court statements specifically).
- Jury convicted Cornell on most counts; trial court sentenced him to life with 25 years confinement and denied a new trial.
- On appeal Cornell argued admission of the child-hearsay statements violated his Sixth Amendment Confrontation Clause rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admitting G.W.’s out-of-court statements violated the Sixth Amendment Confrontation Clause | Cornell: admission of testimonial out-of-court statements violated his right to confront witnesses | State: statements admissible under OCGA § 24-8-820 and G.W. testified and was subject to cross-examination, so no Confrontation Clause bar | Court: No violation — declarant testified and was cross-examined, so admission was permissible |
Key Cases Cited
- Blackwell v. State, 346 Ga. App. 833 (recognizing admissibility under OCGA § 24-8-820 when statutory conditions met)
- State v. Dague, 325 Ga. App. 202 (distinguishing hearsay exceptions from Confrontation Clause analysis)
- State v. Smith, 302 Ga. 837 (Confrontation Clause bars testimonial out-of-court statements when declarant unavailable and defendant lacked cross-examination opportunity)
- Colton v. State, 292 Ga. 509 (Confrontation Clause forbids admission of testimonial statements absent cross-examination)
- Gay v. State, 279 Ga. 180 (same principle regarding testimonial statements)
- Robinson v. State, 271 Ga. App. 584 (when declarant testifies at trial and is cross-examined, Confrontation Clause does not bar prior statements)
- Soto v. State, 285 Ga. 367 (noting defendant must be given opportunity to cross-examine declarant about prior statements)
- Gober v. State, 300 Ga. App. 202 (no Sixth Amendment violation where witness testified at trial)