ATKINS v. the STATE.

819 S.E.2d 695, 347 Ga. App. 409
Procedural entryThis page is a short order in ATKINS v. the STATE.. Read the opinion of the Court — 342 Ga. App. 422
Court of Appeals of Georgia·Decided September 28, 2018·No. A17A0240.·Published

Opinion

Bethel, Judge.

In Atkins v. State , No. S17G1996, 304 Ga. 240 , 818 S.E.2d 567 , 2018 WL 3965743 (Ga. Aug. 20, 2018), the Supreme Court of Georgia affirmed in part and reversed in part our previous decision in Atkins v. State , 342 Ga. App. 422 , 803 S.E.2d 122 (2017). Specifically, the Supreme Court of Georgia affirmed our holding that under OCGA § 24-4-412, the trial court properly prohibited Atkins from seeking testimony regarding the victim's sexual activity, but reversed our decision that a victim's prior statements can constitute sufficient corroboration under OCGA § 16-6-3. Instead, our Supreme Court concluded that a victim's prior consistent statement cannot provide the required corroborating evidence needed to support a conviction for statutory rape. In so ruling, it determined there must be a showing of some independent evidence separate from the victim's statement that supports the conclusion that the defendant committed the statutory rape of the victim.

Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own, and we vacate the jury's verdict with respect to the statutory rape conviction only.

Judgment affirmed in part and reversed in part.

Barnes, P. J., Miller, P. J., Doyle, P. J., McFadden, P. J., and McMillian, Mercier, Reese, and Gobeil, JJ., concur.

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ATKINS v. the STATE., 819 S.E.2d 695, 347 Ga. App. 409 (Ga. Ct. App. 2018).

819 S.E.2d 695 (ATKINS v. the STATE.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Atkins v. the State
803 S.E.2d 122 (Court of Appeals of Georgia, 2017)
Atkins v. State
818 S.E.2d 567 (Supreme Court of Georgia, 2018)