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Colvard v. Commonwealth

309 S.W.3d 239 (2010)

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Colvard v. Commonwealth

Kentucky Supreme Court

309 S.W.3d 239 (2010)

Facts

Two girls, aged six and seven, told their mother that a neighbor, Fred Colvard (defendant), had sexually assaulted them in their bedroom. The mother sought medical treatment for the girls. During this process, the girls separately told three different medical providers that Colvard had sexually abused them. Colvard was tried for several crimes relating to the sexual abuse. At trial, three witnesses each testified that the girls had identified Colvard as their attacker while the girls were receiving medical treatment for the attack. Colvard was convicted. Colvard appealed, arguing that the girls’ out-of-court statements to the medical personnel identifying him as their attacker were hearsay and did not qualify for the medical-treatment exception.

Rule of Law

Issue

Holding and Reasoning (Venters, J.)

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