ATKINS v. the STATE.

Court of Appeals of Georgia

ATKINS v. the STATE.

819 S.E.2d 695, 347 Ga. App. 409

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 2018

DocketA17A0240.

StatusPublished

This text of 819 S.E.2d 695 (ATKINS v. the STATE.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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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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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819 S.E.2d 695, 347 Ga. App. 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-v-the-state-gactapp-2018.

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