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T.G. v. Commonwealth

Commonwealth of Kentucky Court of Appeals
Jan 23, 2015
NO. 2013-CA-001680-DG (Ky. Ct. App. Jan. 23, 2015)

Opinion

NO. 2013-CA-001680-DG

01-23-2015

T.G. APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

BRIEF AND ORAL ARGUMENT FOR APPELLANT: Sands M. Chewning Hopkinsville, Kentucky BRIEF AND ORAL ARGUMENT FOR APPELLEE: Duncan Cavanah Hopkinsville, Kentucky


NOT TO BE PUBLISHED ON DISCRETIONARY REVIEW FROM CHRISTIAN CIRCUIT COURT
HONORABLE JOHN L. ATKINS, JUDGE
ACTION NO. 13-XX-00006
OPINION
AFFIRMING
BEFORE: J. LAMBERT, NICKELL, AND TAYLOR, JUDGES. TAYLOR, JUDGE: T.G., a child under eighteen, brings this appeal from an August 29, 2013, Order of the Christian Circuit Court affirming an order of the Christian District Court adjudicating that T.G. committed the offense of first-degree sodomy. We affirm.

On February 15, 2012, a juvenile complaint was filed in the Christian District Court against T.G. alleging that he committed the offense of sodomy in the first-degree and sexual abuse against a minor child. Following an adjudicatory hearing before the court, a dispositional order was entered in the district court on April 30, 2013. The district court found beyond a reasonable doubt that T.G. committed the act of sodomy in the first degree but dismissed the charge of sexual abuse. T.G. was committed to the Department of Juvenile Justice as a sexual offender.

T.G. subsequently undertook a direct appeal to the Christian Circuit Court. By order entered August 29, 2013, the circuit court affirmed the April 30, 2013, district court order adjudicating that T.G. committed the offense of sodomy in the first degree. Thereafter, T.G. filed a motion for discretionary review in the Court of Appeals. Kentucky Rules of Civil Procedure (CR) 76.20. By order entered January 24, 2014, this Court granted discretionary review. Our review follows.

T.G. contends that the circuit court erred by affirming the order of the district court adjudicating him to have committed first-degree sodomy. Specifically, T.G. asserts it was reversible error to admit the hearsay testimony of the police officer that investigated the complaint and who had interviewed the victim. Over T.G.'s objection, the officer was allowed to testify about statements the minor child victim made to the officer and the officer's opinion about the victim's credibility.

It is well-established that when a judge acts as fact-finder in a bench trial, "it is presumed that he will be able to disregard hearsay statements." G.E.Y. v. Cabinet for Human Res., 701 S.W.2d 713, 715 (Ky. App. 1985). The admission of such testimony is deemed harmless error unless the court particularly relied upon the hearsay testimony in making its decision. And, appellate review of such admission is "limited to ascertaining whether the evidence relied upon by the trier of fact was of sufficient quantity and substantiality to support the rationality of the judgment." Id. at 715 (citations omitted).

In this case, the investigating officer testified at the dispositional hearing regarding statements the victim made during the interview he conducted. The officer further testified regarding his opinion of the victim's credibility. Even if this testimony was inadmissible hearsay evidence as concluded by the circuit court, there is nothing in the record to suggest that the court relied upon the officer's testimony in making its decision. In addition to the officer's testimony, the court also heard testimony from the victim, the victim's mother, and T.G. Therefore, we conclude that the district court heard evidence of a sufficient quantity and substantiality to support its judgment, and thus, the court did not commit reversible error by allowing the officer's testimony. Accordingly, we cannot conclude that the circuit court erred by affirming the district court.

For the foregoing reasons, the Order of the Christian Circuit Court is affirmed.

ALL CONCUR. BRIEF AND ORAL ARGUMENT
FOR APPELLANT:
Sands M. Chewning
Hopkinsville, Kentucky
BRIEF AND ORAL ARGUMENT
FOR APPELLEE:
Duncan Cavanah
Hopkinsville, Kentucky


Summaries of

T.G. v. Commonwealth

Commonwealth of Kentucky Court of Appeals
Jan 23, 2015
NO. 2013-CA-001680-DG (Ky. Ct. App. Jan. 23, 2015)
Case details for

T.G. v. Commonwealth

Case Details

Full title:T.G. APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

Court:Commonwealth of Kentucky Court of Appeals

Date published: Jan 23, 2015

Citations

NO. 2013-CA-001680-DG (Ky. Ct. App. Jan. 23, 2015)