"Stacey hit me right here" -- ER 803(a)(4), child hearsay

In a prosecution for second degree child assault, the toddler's doctor testified that he told her that the defendant had hit him on the head. On appeal, the defendant challenged the statement's admissibility. Division 2 upheld it, under ER 803(a)(4) -- a statement made for purposes of medical diagnosis or treatment. The court found it unnecessary to assess the child's competence under child hearsay rules. The court also rejected the defendant's arguments about prosecutorial misconduct.
State. v. Fisher, --- P.3d ---, 2005 WL 647359 (Wash. App. March 22, 2005) Find Result - 2005 WL 647359

Categories: hearsay, 803, children, cases