Hayes v. State, 274 Ga. 875

Summary

The Supreme Court of Georgia affirmed Roger Dale Hayes's convictions for two counts of malice murder, burglary, kidnapping, and theft by taking. The court held that a child witness who primarily heard, rather than saw, the events was competent to testify, and that the child-hearsay statute did not apply because the child testified directly. The court also held that questions concerning the witness's credibility and reliability were properly addressed through cross-examination and assessment by the factfinder.

Holdings

1. The evidence was sufficient to enable a rational trier of fact to find Hayes guilty beyond a reasonable doubt of the crimes for which he was convicted.
2. OCGA § 24-3-16 did not govern the admissibility of Erica Hayes's testimony because Erica herself testified at trial rather than a third party recounting her out-of-court statements. Erica was a witness to the crimes even though she perceived them primarily through hearing rather than sight.
3. The trial court was not required to conduct an indicia-of-reliability hearing under OCGA § 24-3-16 because the statute was inapplicable to the child's own in-court testimony. A child is not incompetent as a matter of law because of infancy, and Hayes's challenges to reliability and credibility were matters for cross-examination and the factfinder.

Questions Presented

1. Whether the evidence was sufficient to support Hayes's convictions.
2. Whether the trial court erred by admitting Erica Hayes's testimony under or in relation to Georgia's child-hearsay statute, OCGA § 24-3-16, where she primarily heard rather than saw the events.
3. Whether the trial court erred by refusing to conduct a separate hearing concerning the reliability and credibility of Erica Hayes's testimony.

Disposition

affirmed