State v. Howard
Tennessee Supreme Court
504 S.W.3d 260 (2016)
Glen Howard (defendant) was charged with multiple crimes relating to sexual abuse of children. At trial, the prosecution (plaintiff) sought to introduce medical reports covering the examination of the victims. The nurse who compiled the reports was not called to testify, meaning that the reports were hearsay. Further, Howard argued that there were statements made by the victims contained in the reports, and that even if the reports were admissible, these individual statements should be redacted as hearsay. The trial court admitted the reports as the hospital’s business records under Tennessee Rule of Evidence 803(6) and admitted the victims’ statements within the records as statements made for the purposes of medical diagnosis under Tennessee Rule of Evidence 803(4). Howard was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Page, J.)
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