Walker v. State
322 Ga. App. 158
Ga. Ct. App.2013Background
- Walker was convicted of two counts of rape, four counts of aggravated child molestation, three counts of aggravated sodomy, and two counts of child molestation.
- The convictions stemmed from statements and acts by Walker against his two daughters after his separation from their mother.
- Children were interviewed at a child advocacy center; interviews were video recorded and played to the jury.
- Medical and psychological evaluations showed signs of sexual abuse and trauma for the younger and older daughter.
- The older daughter did not testify at trial; defense chose not to call her and instead questioned her outside the jury room to assess emotional state.
- Walker challenged the child hearsay admission and movant challenged the cross-examination of his expert witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation error from child hearsay | Walker’s Sixth Amendment rights were violated by admitting child hearsay. | Waived confrontation by not requiring the older child to testify; trial court complied with Hatley procedure. | No error; right waived. |
| Waiver of confrontation right | Hatley requires trial court to ensure defendant waives or forfeits confrontation rights with record. | Walker was given opportunity to question, chose not to, thus waived. | Waiver established; no violation. |
| Cross-examination of expert on bias | Cross-exam appropriately targeted bias and credibility. | Prosecutor impermissibly impeached with collateral issues. | Cross-examination proper; no mistrial required. |
Key Cases Cited
- Hatley v. State, 290 Ga. 480 (Georgia 2012) (confrontation rights and child hearsay; requires actual testimony unless waiver)
- Bunn v. State, 291 Ga. 183 (Georgia 2012) (trial record must reflect waiver of confrontation rights)
- Sosebee v. State, 257 Ga. 298 (Georgia 1987) (child hearsay interpretations prior to Hatley)
- Haywood v. State, 301 Ga. App. 717 (Georgia Appellate 2009) (Sixth Amendment rights and confrontation waiver)
- Smith v. State, 276 Ga. 263 (Georgia 2003) (impeachment to show bias not general credibility)
- Harrison v. State, 259 Ga. 486 (Georgia 1989) (permissible cross-examination to reveal bias)
- Gentry v. State, 226 Ga. App. 216 (Georgia Appellate 1997) (scope of cross-examination discretion)