United States Eighth Circuit

A conviction for aggravated sexual abuse and abusive sexual contact in Indian country is reversed and remanded for new trial where: 1) the district court abused its discretion in admitting hearsay testimony by an examining physician recounting in considerable detail what the victim said in a hospital interview about the alleged assault, including the assailant's identity, and portions of a hospital record containing the same hearsay; and 2) the errors were not harmless.

Appellate Information

• Decided 11/01/2007
• Published 11/01/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, Jr., argued, Rapid City, SD (Orell D. Schmitz, Bismarck, ND, on the brief), for appellant.


• For Appellees:
  
• Janice M. Mobley, A.U.S.A., argued, Fargo, ND, for appellee.