X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Bradley Wade appeals from his conviction for three counts of child molestation and one count of sexual battery. Wade contends the trial court erred in its admission of prior consistent statements of the victim and a child witness. He also asserts that he received ineffective assistance of counsel. For the reasons set forth below, we affirm. 1. Wade asserts that the trial court erred by admitting prior consistent statements of the victim and Wade’s son in videotaped interviews that also included comments by the interviewer. According to Wade, the comments “should have been eliminated from the tape before showing it to the jury.”1 With regard to the victim, Wade complains about comments that appear in a portion of the videotape that the trial court ruled would not be presented for the jury. Nothing in the record before us demonstrates that this portion of the videotape was played for the jury, and Wade’s counsel made no objection after the videotape was played. As a result, we find no merit in this portion of Wade’s argument.

With regard to his son’s interview, Wade complains generally about “the interviewer making statements which are not statements made by his son.” He does not, however, point to any specific comments made by the interviewer to support his claim that he suffered prejudice by their admission. Moreover, the portion of the trial transcript where this videotape was played demonstrates that Wade’s trial counsel and the State agreed to play only a portion of the videotape, that an unidentified portion of the videotape was played, and that Wade’s counsel made no objection after the videotape was played. Wade “bears the burden of proving error affirmatively by the record.” Citations, punctuation and footnote omitted. Nowill v. State , 271 Ga. App. 254, 259 5 609 SE2d 188 2005. “It is not the function of this court to cull the record on behalf of a party in search of instances of error.” Citation and punctuation omitted. Mathis v. State , 299 Ga. App. 831, 835 1 b n. 15 684 SE2d 6 2009. Admission of the interviewer’s statements alone, without a demonstration of prejudice from specific comments, does not warrant a new trial. See Nowill , supra; Turner v. State , 253 Ga. App. 760, 762 2 560 SE2d 539 2002.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›