Burr v. Ritter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that child’s statement identifying perpetrator cannot, “standing alone, determine whether the child should be tested and/or treated for a sexually transmitted disease” and therefore is inadmissible hearsay
• stating that Rule 601(b)(1)’s provision that a witness is incompetent if she “at any relevant time” is or was incapable of perceiving accurately “necessarily includes the time during which the events the child is describing occurred”
• applying the exception to allow a physician to testify as to a sexual assault victim’s hearsay statement made to the physician during an examination
• “Competency of a witness is presumed, and the burden falls on the objecting party to demonstrate incompetency.”

Source: CourtListener parenthetical corpus (CC0).