Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The detective's testimony, that he included defendant's picture in a photographic array because he had developed defendant as a suspect "based on information received," was inadmissible since it implied that he had information suggestive of the defendant's guilt from some unknown source; also, his testimony as to the out-of-court descriptions of the burglar by a nontestifying child victim was not an excited utterance because the child had an "opportunity to deliberate" before making her statement.
February 07, 2005 at 12:00 AM
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