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Sanchiousv.The State

CourtSupreme Court of Georgia
Docket No.S20G0123
DecidedAugust 10, 2020
Reporter309 Ga. 580
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureSex CrimesTales From the CryptEvidenceHearsayConfrontation ClauseDNA EvidenceCertiorariVacaturRemand
Case Summary

Christopher Sanchious was convicted of sexual offenses involving his girlfriend’s 12-year-old daughter. The Georgia Supreme Court granted certiorari because the Court of Appeals had analyzed Sanchious’s hearsay objection as a Confrontation Clause claim rather than addressing the hearsay issue he preserved. At trial, a forensic biologist testified about DNA testing performed by another analyst and a report prepared by that analyst, who did not testify. The Supreme Court held that the appellate court addressed the wrong legal question and had also relied on an incomplete harmless-error analysis. It vacated the Court of Appeals decision and remanded for that court to examine the preserved hearsay claims and reconsider any other preserved issues as necessary. The Supreme Court did not decide whether the testimony or report was admissible or whether any error was harmless. All justices concurred.

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