State v. Glover

No. A17-1964, 2018 Minn. App. Unpub. LEXIS 372 (2018)

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State v. Glover

Minnesota Court of Appeals
No. A17-1964, 2018 Minn. App. Unpub. LEXIS 372 (2018)

Facts

I.V.’s mother brought I.V. to the hospital after I.V. claimed that Charles Glover (defendant) had sexually abused him. I.V. was five years old at the time. While at the hospital, a nurse asked I.V. questions about what had happened, and I.V. gave the nurse his account. At trial, I.V. was deemed incompetent to testify. As a result, the prosecution (plaintiff) sought to introduce a video recording of the nurse’s interview of I.V. at the hospital. Glover filed a motion to suppress the video. The trial court ruled that I.V.’s statements in the video were testimonial and thus that their admission would violate Glover’s rights under the Confrontation Clause because I.V. was not testifying at trial. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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