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Francis Santos Castanedav.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0035
DecidedJune 29, 2021
Reporter340 Ga. App. 568
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawEvidenceHearsayOther-Acts EvidenceReversalRemand
Case Summary

Francis Santos Castaneda was convicted of two counts of child molestation after the trial court admitted a victim’s recorded interview with a detective and other prior consistent statements. The Court of Appeals of Georgia held that admitting the recorded interview was error and that the State had not shown the error harmless as a matter of law. Because the conviction had to be reversed and a new trial ordered, the court did not reach Castaneda’s separate claims of ineffective assistance or other evidentiary errors. The majority reversed the judgment of conviction. One judge concurred, while the presiding judge concurred only in the judgment. The opinion also notes that the court had considered, but did not adopt, an en banc challenge involving an earlier evidentiary precedent.

Opinion

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Francis Santos Castaneda V. The State — The Atlanta Gleaner