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Whorton v. State

The Child Hearsay Statute did not require the trial court to conduct a pre-trial hearing to determine the reliability of the child victim's hearsay statements or make a finding of sufficient indicia of reliability prior to admitting the statements at trial.

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Following a trial by jury, Glenn Whorton was convicted on one count each of child molestation and sexual battery of V. B., a minor.1 On appeal, Whorton contends that 1 the trial court erred by refusing to conduct a pre-trial hearing as to the reliability of child-hearsay statements, 2 the trial court erred by admitting child-hearsay statements in violation of his Confrontation Clause rights, 3 the trial court erred by admitting inherently unreliable child-hearsay statements, and 4 the evidence against him was insufficient as it was based entirely upon inadmissible child-hearsay statements. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s guilty verdict,2 the record reflects that Whorton is the boyfriend of the victim’s aunt on her father’s side. During the relevant time period in 2007, Whorton and V. B.’s aunt lived together with V. B.’s paternal grandmother in a two-bedroom trailer in Polk County. V. B., who was four years old at the time, frequently visited with her aunt and grandmother, often spending the night with them.

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