# Taylor v. State > Court of Criminal Appeals of Texas · October 29, 2008 · 268 S.W.3d 571 URL: https://www.frixlaw.com/law-library/cases/9639173 ## Case - **Full name:** Rashik Ali TAYLOR, Appellant v. the STATE of Texas - **Court:** Court of Criminal Appeals of Texas - **Decided:** October 29, 2008 - **Citations:** 268 S.W.3d 571; 2008 Tex. Crim. App. LEXIS 1627; 2008 WL 4724147 - **Precedential status:** Published - **Opinion:** Concurrence by Womack - **Judges:** Cochran, Hervey, Holcomb, Johnson, Keasler, Keller, Meyers, Price, Womack - **Cited by:** 797 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9639173 ## How later opinions describe it (automated extraction) - explaining that for cases in which person is “on the physician’s cold examination table” for diagnosis or treatment, it is “natural to presume that adults, and even children of a sufficient age or apparent maturity, will have an implicit awareness that the doctor’s questions a… - concluding ultimately that hearsay exception in Rule 3 803(4) did not apply to victim’s statements made to counselor during session conducted several months after offense as part of victim’s ongoing, long-term therapy and recognizing that “reclining on a therapist’s or psychia… - recognizing “tacit presumption” that children of a sufficient age or apparent maturity will have an implicit awareness that a medical professional’s questions are designed to elicit accurate information and that veracity will serve their best interest, and reviewing courts “as… - recognizing that obtaining the identity of the individual perpetrating an assault upon a child may be pertinent because it is important for a physician to discover the extent of the child’s emotional injuries particularly when the perpetrator may be a family or household membe… - explaining in analyzing records admitted 21 under 803(4), “it seems only natural to presume that adults, and even children of a sufficient age or apparent maturity, will have an implicit awareness that the doctor’s questions are designed to elicit accurate information and that… ## Opinion text WOMACK, J., filed a concurring opinion, in which KELLER, P.J., and KEASLER and HERVEY, JJ., joined. The opinion of the Court has it exactly backward when it says (ante at 589) that it is natural to presume that patients who are being treated for a physical illness or *594 injury -will understand that veracity will serve their best interest, but that patients who are being treated for a mental illness or injury will not. Let us imagine that two patients are at a clinic. Each is a thirteen-year-old girl. One has been stabbed in the abdomen. The other has the physical signs of frequent vaginal intercourse. Which one has an interest in telling the truth about the identity of the perpetrator? In which case does the course of treatment depend on knowing the identity of the perpetrator? In fact, in which case does the patient even have to be conscious and talking in order to be treated properly? The Court’s analysis is not well founded. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9639173. Public record. Not legal advice.