William O. McClain, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (Indiana 1996)

Summary

The court held that statements made to a family therapist may qualify under Indiana Evidence Rule 803(4), even though the therapist is not a physician, but only when the declarant was motivated to obtain diagnosis or treatment and the statements were of a kind reasonably relied on for that purpose. The child’s statements were improperly admitted because the record did not show that he understood he was speaking to a professional for treatment or diagnosis. The error was harmless because the child testified to the same facts and was subject to cross-examination.

Holding

Applicability of the medical diagnosis or treatment hearsay exception to statements made to a family therapist. Statements made to a nonphysician family therapist may be admissible under Indiana Evidence Rule 803(4), but the proponent must show both that the declarant was motivated to provide truthful information to promote diagnosis or treatment and that the statement’s content was reasonably relied upon by an expert in diagnosis or treatment. The statements here did not satisfy the exception because the record did not establish that the child understood he was speaking to a trained professional for diagnosis or treatment.

Harmlessness of the erroneous admission of the therapist’s testimony. Any error in admitting the therapist’s testimony was harmless and did not require reversal because the child testified at trial about the molestation and surrounding circumstances, was subject to cross-examination, and the therapist’s testimony merely repeated that evidence.

William O. McClain, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff

Summary

Holding

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