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State v. Robinson

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eBook details

  • Title: State v. Robinson
  • Author : Supreme Court of Montana
  • Release Date : January 20, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Appellant Andre Robinson appeals from his conviction of third-degree assault against F.T., the mother of his children. At trial F.T. testified that Robinson caused her injuries but did so accidentally, which was contrary to what she initially told two hospital nurses. Robinson argues that the district court erred in allowing the substantive admission of F.T.s statements to the nurses under the medical diagnosis and treatment hearsay exception, Minn. R. Evid. 803(4). The court of appeals agreed, but concluded that the statements were admissible under the residual hearsay exception, Minn. R. Evid. 803(24), and as non-hearsay statements of identification under Minn. R. Evid. 801(d)(1)(C). State v. Robinson, 699 N.W.2d 790, 795-99 (Minn. App. 2005). We affirm the court of appeals on the residual hearsay exception.


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