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James Phillip Burnsv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A0227
DecidedApril 19, 2018
Reporter259 Ga. 135
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureSex CrimesEvidenceOther-Acts EvidenceConfrontation ClauseReversalRemandTales From the Crypt
Case Summary

James Phillips Burns was charged with sexual offenses against his stepdaughter. Before trial, he sought to introduce evidence that she had previously accused another person of rape and then admitted that the accusation was made up. The trial court excluded the evidence under the rape-shield statute and the rule governing unfair prejudice and confusion. The Georgia Court of Appeals reversed. It held that a prior false accusation of sexual misconduct is not evidence of the witness’s past sexual behavior and therefore is not barred by the rape-shield statute. The court also held that exclusion at that preliminary stage was improper because the evidence was directly relevant to credibility, the defense depended substantially on the witness’s reliability, and the constitutional right to confront witnesses and present a complete defense limited the use of the general exclusion rule. The court remanded for further proceedings, holding that the evidence could not be excluded on the stated grounds without the required consideration of its probative value and constitutional significance. All judges concurred.

Opinion

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