Hayden v. State

In Hayden v. State, 928 S.W.2d 229, 231 (Tex. App.--Houston 14th Dist. 1996, pet. ref'd), a CPS caseworker testified as the outcry witness even though the child testified that "the first person she told" was her school counselor. Id. The court noted that "although the counselor was the first person the complainant told about the sexual abuse, there is no evidence that the complainant described to her the details of the alleged abuse." Id. The court cited Garcia for the proposition that "where the record is void of specific details of statements made by the complainant to an individual, such individual cannot be an outcry witness under article 38.072." Id. Consequently, the court held that "the trial court did not abuse its discretion by allowing the caseworker to testify as an outcry witness under article 38.072." Id.