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Ronald R. Legreev.The State

CourtCourt of Appeals of Georgia
Docket No.A17A1782
DecidedFebruary 28, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceConfrontation ClauseHearsayReversalRemandAppellate Procedure
Case Summary

Ronald Legree was convicted of family-violence battery after the State introduced a 911 call and out-of-court statements that his wife and a child had made to a police officer. Legree argued that the witnesses were unavailable, that the statements violated his Sixth Amendment confrontation right, and that the evidence was insufficient. The Georgia Court of Appeals held that the statements made during the 911 call were nontestimonial because the wife was seeking help while the danger was ongoing, and those statements were admissible as present-sense impressions. The later statements to the investigating officer were testimonial and should not have been admitted without an opportunity for cross-examination. Although the 911 recording and the officer’s observations could support the conviction, the trial court had specifically relied on the improperly admitted statements, so the error was not harmless. The court reversed the conviction and remanded for a new trial.

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Ronald R. Legree V. The State — The Atlanta Gleaner