Gonzalez v. State

1 Citing case

  1. Castaneda v. State

    360 Ga. App. 316 (Ga. Ct. App. 2021)   Cited 2 times
    Concluding that video recording was not cumulative of trial testimony because it "provided much greater detail about the [alleged crime] and when the incidents occurred"

    Castaneda asserts this ruling was erroneous. "We review a trial court's ruling on the admission of evidence under an abuse of discretion standard[,]" Gonzalez v. State , 350 Ga. App. 297, 303 (3), 829 S.E.2d 385 (2019) (citation omitted), and we find that the trial court abused its discretion in admitting the victim's video-recorded interview with the detective in this case. It is well settled that an out-of-court statement offered for the truth of the matter asserted "shall not be hearsay if the declarant testifies at the trial or hearing, is subject to cross-examination concerning the statement, and the statement is admissible as a ... prior consistent statement under Code Section 24-6-613 [.]"