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Richardson v. State

The Court of Appeals adopted the Supreme Court's ruling that application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the defendant's confrontation right.

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A Carroll County jury convicted Terry Wayne Richardson of kidnapping with bodily injury, OCGA § 16-5-40, and rape, OCGA § 16-6-1. Richardson appealed to this court, and we affirmed in Richardson v. State , 256 Ga. App. 322 568 SE2d 548 2002. 1. The Supreme Court granted certiorari and reversed our finding in Division 1 that the trial court did not abuse its discretion in granting under Georgia’s rape-shield law the State’s motion in limine to exclude any evidence about the victim’s relationship with her ex-boyfriend. Richardson v. State , __Ga.__ 1 Case No. S02G1698, decided June 2, 2003. Accordingly, our ruling in Richardson v. State , 256 Ga. App. at 323-325 1 is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

2. The Supreme Court also reversed our holding in Division 2 that “the right of confrontation does not require that the defendant be able to see witnesses as they testify.” Citation and punctuation omitted. Richardson v. State , __Ga. at __ 2. Accordingly, our ruling in Richardson v. State , 256 Ga. App. at 325-326 2 is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

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