State ex rel. Spannaus v. Beslanowitch

How courts have described this case

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

• Refusing to extend the Rule 803(4) hearsay exception to a child’s statements made to a counselor who was not licensed to render a medical diagnosis. “Stuart is not licensed to render medical diagnoses, and therefore cannot testify about such diagnoses under this exception.”
• as a general rule, expert testimony evaluating the credibility of a witness is inadmissable, except when child is victim and testifies
• \[T]he rationale behind the medical treatment exception is less forceful where a very young child is concerned. The child might not comprehend the necessity of telling a doctor the truth in order to aid diagnosis and treatment.\
• “[T]he rationale behind the medical treatment exception is less forceful where a very young child is concerned. The child might not comprehend the necessity of telling a doctor the truth in order to aid diagnosis and treatment.”
• the court writes that as a general rule, expert testimony evaluating the credibility of a witness is inadmissible. Where a child witness is a victim and testifies, under State v. Geyman, 224 Mont. 194, 729 P.2d 475 (Mont. 1986), an exception is made
• no expert opinion on truthfulness of child

Source: CourtListener parenthetical corpus (CC0).