Opinion

In the Interest of J.C., Minor Child J.C., Minor Child

  • 877 N.W.2d 447
  • 2016 Iowa Sup. LEXIS 41
  • 2016 WL 1273049
Court
Supreme Court of Iowa
Filed
Apr 1, 2016
Status
Published
Author
Cady
On the bench
Mansfield, Cady, Wiggins, Hecht, Appel
Cited by
20 cases

noting, in Confrontation Clause analysis, child interview with Dr. Harre was not primarily for testimonial purposes but for medical treatment and citing similar testimony

How later courts described this case

  • noting, in Confrontation Clause analysis, child interview with Dr. Harre was not primarily for testimonial purposes but for medical treatment and citing similar testimony
  • “[W]e do not believe admission of [a physician’s] testimony and report [containing out-of-court- statements of a child] violated [a delinquent’s] rights of confrontation under the Sixth Amendment [or article I, section 10 of the Iowa Constitution].”
  • noting very young children may not be competent to testify
  • noting absence of eyewitnesses in many child-abuse cases

Written by the judges who cited it.

The opinion

CADY, Chief Justice

(concurring specially).

I join in the opinion of the majority, but would not place weight on the eighteenth century practice of - admitting statements of very young children. I otherwise agree the totality of the circumstances supports the conclusion that the primary purpose of the interview by Dr. Harre was not testimonial. •

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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