Archive | Sandefur, J. (concurring)

RSS feed for this section

State v. Porter

State v. Porter, 2018 MT 16 (Feb. 6, 2018) (Baker, J.; Sandefur, J., specially concurring) (6-0, aff’d)

Issue: (1) Whether the testimony from an emergency room physician regarding the victim’s statements made during her examination violated Porter’s rights under the Confrontation Clause; and (2) whether the district court abused its discretion in determining the ER physician’s testimony was an exception to hearsay under M.R.Evid. 803(4), as statements made for medical diagnosis or treatment.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Belgrade police took Michelle Allen to the emergency room in August 2014 after she reported being assaulted the night before by Porter. She had a black eye and bruises on her neck, face, and arms. At the hospital, Allen signed a medical release form authorizing the hospital to release her health information to the police.…