Opinion

State v. Dana

  • 422 N.W.2d 246
  • 1988 Minn. LEXIS 88
  • 1988 WL 32681
Court
Supreme Court of Minnesota
Filed
Apr 15, 1988
Status
Published
Author
Popovich
On the bench
Amdahl, Kelley, Popovich
Cited by
22 cases

holding that, while expert testimony as to who had abused two brothers aged four and five was objectionable, “[e]xpert testimony relating to whether the children had been sexually abused was properly admitted”

How later courts described this case

  • holding that, while expert testimony as to who had abused two brothers aged four and five was objectionable, “[e]xpert testimony relating to whether the children had been sexually abused was properly admitted”
  • holding hearsay statement of incompetent child admissible because it was reliable as determined by trial court looking at circumstances under which statement was made
  • warranted search of premises where alleged abuse took place revealed physical evidence and photographs corroborating victims’ stories
  • physician’s interview of four year old before sexual assault examination allowed her to obtain idea of what specific sexual contact may have occurred, “and to build trust between doctor and child to minimize trauma” of the ensuing physical examination

Written by the judges who cited it.

The opinion

POPOVICH, Justice

(dissenting).

I concur in the dissent of Justice Kelley for the reasons stated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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