State v. Giovanni D.

Summary

The court held that the medical treatment exception requires proof that the child declarant was motivated, at least in part, by a desire to obtain medical diagnosis or treatment and that the statements were reasonably pertinent to that purpose. The trial court abused its discretion by admitting statements from the child's forensic interview because the circumstances did not show that she understood the interview's medical purpose, but the error was harmless because the testimony was cumulative and was not emphasized by the prosecutor. The court also upheld the denial of a special child credibility instruction and declined to alter its existing discretionary approach.