State v. Giovanni D.
Citations
- 353 Conn. 742
Syllabus
Convicted of sexual assault in the first degree, risk of injury to a child, and aggravated sexual assault of a minor in connection with the sexual abuse of the victim, J, the defendant appealed to this court. The defendant claimed, inter alia, that the trial court had abused its discretion in admitting into evidence certain statements that J had made during a forensic interview concerning the sexual abuse at issue under the exception to the hearsay rule for statements made for the purpose of obtaining medical diagnosis or treatment set forth in § 8-3 (5) of the Connecticut Code of Evidence (medical treatment exception). Held: This court clarified that hearsay statements can be admitted under the medical treatment exception only when the declarant was motivated, at least in part, by a desire to obtain medical diagnosis or treatment and the declarant's statements were reasonably pertinent to achieving that end. The trial court abused its discretion in admitting, under the medical treat- ment exception, certain statements that J had made during the forensic interview through the testimony of A, who conducted the interview, as the state failed to demonstrate that the circumstances surrounding the forensic interview would have allowed an objective observer to infer that J under- stood the medical purpose of the forensic interview. The forensic interview occurred at a child advocacy center rather than a medical facility, there was no indication that the interview setting would have alerted J to the medical nature of the interview, the record was silent as to any representations that A had made to J regarding the nature of the interview and was limited as to the specific questions that A asked J, the record also was silent as to whether J discussed any physical or mental health concerns during the interview, and the timing of the interview, at least ten months after the last instance of abuse and five months after J's In accordance with our policy of protecting the privacy
Judges: Mullins; McDonald; D’Auria; Ecker; Alexander; Dannehy; Bright
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38 cases in this archive are cited by this case; the 20 most cited are listed.
- State v. KellySupreme Court of Connecticut· 2001-05-08· cited 162×
- State v. ThompsonSupreme Court of Connecticut· 2003-10-28· cited 147×
- State v. CeballosSupreme Court of Connecticut· 2003-10-21· cited 125×
- State v. JamesSupreme Court of Connecticut· 1989-06-20· cited 120×
- State v. ArroyoSupreme Court of Connecticut· 2007-12-11· cited 90×
- State v. GonzalezSupreme Court of Connecticut· 2005-01-25· cited 62×
- State v. SlaterSupreme Court of Connecticut· 2008-01-22· cited 62×
- State v. SaracenoConnecticut Appellate Court· 1988-07-19· cited 53×
- State v. GrenierSupreme Court of Connecticut· 2001-09-04· cited 52×
- State v. DiazSupreme Court of Connecticut· 2011-08-16· cited 49×
- State v. DollingerConnecticut Appellate Court· 1990-01-23· cited 39×
- State v. DONALD M.Connecticut Appellate Court· 2009-03-10· cited 38×
- State v. Fernando V.Supreme Court of Connecticut· 2019-03-26· cited 38×
- State v. CruzSupreme Court of Connecticut· 2002-04-02· cited 35×
- State v. CarterSupreme Court of Connecticut· 1995-04-04· cited 34×
- State v. AngellSupreme Court of Connecticut· 1996-06-11· cited 28×
- State v. Douglas C.Supreme Court of Connecticut· 2022-12-13· cited 28×
- State v. EdwardsSupreme Court of Connecticut· 2020-02-25· cited 26×
- State v. Roy D. L.Supreme Court of Connecticut· 2021-07-28· cited 23×
- State v. AndersonSupreme Court of Connecticut· 1964-12-02· cited 22×
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