Ohio Supreme Court
The State of Ohio v. Dever
August 19, 199264 Ohio St. 3d 401
Summary
The court held that a young child's statements to a physician during a medical examination, including the child's identification of the alleged abuser, were admissible under Evid.R. 803(4). It rejected a rigid requirement that the child independently initiate treatment or demonstrate an adult-like understanding of the medical visit, instead requiring the trial court to assess the circumstances for improper influence and reliability. Because the medical-treatment exception was firmly rooted, admission of the statements did not violate the Confrontation Clause, and the court reinstated the conviction. Justices Wright and Sweeney, dissenting, would have affirmed the appellate court's remand because the record did not establish the child's understanding of the need to be truthful for medical treatment and the majority's approach undermined Evid.R. 807.
Holding
- Admissibility of the child's statements under Evid.R. 803(4). The trial court did not abuse its discretion by admitting Kristen's statements to Dr. Saluke. For a young child, the inquiry is not limited to whether the child independently sought treatment or possessed an adult-like motivation; the court must examine the circumstances surrounding the statement, including possible suggestion, leading questions, improper influence, and other reliability concerns. A child's identification of the alleged abuser is admissible when made for purposes of diagnosis or treatment because identity may be pertinent to treatment and diagnosis.
- Confrontation Clause consequences of admitting the statements. Admission of Kristen's statements did not violate Dever's Confrontation Clause rights. Evid.R. 803(4), as applied in these circumstances, is a firmly rooted hearsay exception, so reliability could be inferred and the prosecution was not required to establish the child's unavailability or separate particularized guarantees of trustworthiness.
Docket No. 91-1498
Cited authorities
- Fed. R. Evid. 803(4)
- Fed. R. Evid. 102
- Fed. R. Evid. 102
- Fed. R. Evid. 102
- Fed. R. Evid. 803(4)
- 67 N.C. L. Rev. 257
- Fed. R. Evid. 102
- 28 Case W. Res. L. Rev. 344