Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Herrington v. State

Child's outcry that he was molested by a relative of his divorced mother during his visitation was admissible since he made the outcry only 30 minutes after his father picked him up from visitation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Terry Herrington guilty of two counts of aggravated child molestation.1 He appeals, claiming that 1 the trial court erred in admitting statements that should have been excluded under the Child Hearsay Statute, and 2 the evidence was insufficient to support either count of aggravated child molestation. We uphold the trial court’s determination that the statements at issue contained sufficient indicia of reliability and the jury’s verdict, which was supported by overwhelming evidence. M. S. W. is the son of Ruth Herrington and David Wolfe. At the time of the incidents in question, M. S. W. was five years old and his parents were divorced. M. S. W. lived with his father in Baxley, Georgia, but his mother had visitation rights the first and third weekends of every month.

M. S. W. visited his mother on the first and third weekends of March 1988. She was living with her brother-in-law, Terry Herrington, in Brunswick, Georgia. When M. S. W. returned to Baxley from one of those weekend visits, he told Wolfe that “Terry did it again.” M. S. W. explained that Herrington had stuck his “weenie” in his “hiney.” According to Wolfe, M. S. W. told him what had happened within 30 minutes of his return to Baxley, while they were on the way to church.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
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
Complex Claims & Litigation Forum 2025
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
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›
Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›
(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›
Go to Lawjobs