C.L.Y. v. State

Summary

The Alabama Supreme Court considered whether an appellate court may review the entire record, rather than only the pretrial record, when determining the admissibility of a child victim’s out-of-court statements under Alabama’s Child Physical and Sexual Abuse Victim Protection Act. The court also held that an out-of-court statement admissible under a recognized hearsay exception may corroborate another otherwise inadmissible out-of-court statement by the child victim. The court affirmed the judgment of the Court of Criminal Appeals.

Holdings

1. When reviewing the admissibility of an out-of-court hearsay statement made by a child victim of sexual abuse, an appellate court may consider the entire record rather than only the record existing when the trial court made its pretrial admissibility ruling.
2. An out-of-court statement by a child victim of sexual abuse that falls within a recognized hearsay exception may provide corroboration under Ala. Code § 15-25-34 for another out-of-court statement by the child victim that would otherwise be inadmissible hearsay.

Questions Presented

1. Whether an appellate court reviewing the admissibility of a child-victim's out-of-court statement under Ala. Code § 15-25-34 may consider the entire trial record or is limited to the evidence presented at the pretrial admissibility hearing.
2. Whether an out-of-court statement by a child victim that is admissible under a recognized hearsay exception may corroborate another out-of-court statement by the child victim that would otherwise be inadmissible hearsay under Ala. Code § 15-25-34.

Disposition

affirmed