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James Roy Rayv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A0333
DecidedMarch 7, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceHearsayIneffective Assistance of CounselSex CrimesTales From the CryptVacaturRemand
Case Summary

James Roy Ray was convicted of rape and two counts of sexual battery involving a mentally challenged adult relative. He appealed the denial of his motion for a new trial, challenging the admission of a forensic interview and other evidence, and claiming ineffective assistance of counsel. The Georgia Court of Appeals held that several claims lacked merit but vacated the order denying a new trial because the trial court had not properly addressed evidence that the victim’s aunt had previously made false allegations of sexual abuse. That evidence could be relevant to the reliability of the accusations if the trial court first found a reasonable probability that the prior allegations were false. The appellate court directed the trial court to make that threshold determination and explained that Ray would be entitled to a new trial if the evidence met the applicable standard. The court vacated the new-trial order and remanded for further proceedings.

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