COMPETENCY OF MINOR TO TESTIFY AND HEARSAY EXCEPTION FOR MEDICAL TREATMENT: B.B. (A CHILD UNDER 18) V. COMMONWEALTH (SC 6/21/2007)

B.B. (A CHILD UNDER 18)  V. COMMONWEALTH
EVIDENCE:  TESTIMONIAL COMPETENCY OF MINOR; KRE 803(4)
2005-SC-000814-DG.pdf
PUBLISHED: REVERSING AND REMANDING
MAJORITY OPINION BY SCHRODER
LOWER: ADAIR COUNTY
DATE RENDERED: 6/21/2007

In this juvenile matter, the appellant was convicted of sodomy based on the testimony and hearsay statements of a four year old child/victim.  In reversing the adjudication, the Court held that the four year old child was not competent to testify regarding the incident, and further held that the child’s statements that were made thereafter to the nurse in the emergency room were not admissible hearsay under KRE 803(4) exception regarding statements made for the purpose of medical treatment or diagnosis.

Digested by Michael Stevens