FLETCHER

v.

TENNESSEE DEPARTMENT OF CORRECTIONS ET AL.

Citator

Cited By

• Conley v. State, 620 So. 2d 180 (Fla. 1993)
  …ules of Evidence, the term “medical” has been interpreted to include emotional and mental health as well as physical health. See United States v. Cherry, 938 F. 2d 748 (7th Cir.1991); United States v. Provost, 875 F. 2d 172 (8th Cir.), cert. denied, 493 U.S. 859, 110 S.Ct. 170, 107 L.Ed.2d 127 (1989). In child sexual abuse cases, there is a marked trend toward allowing statements made by victims to their physicians that identified their assailants. People v. Meeboer, 484 N.W. 2d 621 (Mich.1992); Baine v.…
• Flanagan v. State, 586 So. 2d 1085 (Fla. 1st DCA 1991)
  …statements of fault or identity may be irrelevant to diagnosis or treatment and thus do not qualify for admission under the diagnosis and treatment exception to the hearsay rule. In United States v. Provost, 875 F. 2d 172 (8th Cir.), cert. denied, 493 U.S. 859, 110 S.Ct. 170, 107 L.Ed.2d 127 (1989), the court applied the Renville rationale not only to statements made by a victim to her treating psychologist, but also to her examining physician. See also United States v. Shaw, 824 F. 2d 601, 608 (8th Cir.1…
• United States v. Balfany, 965 F.2d 575 (8th Cir. 1992)
  …abuser, made by a child to a trained social worker or psychologist pursuant to diagnosis or treatment for emotional or psychological injuries are admissible under Rule 803(4). United States v. Provost, 875 F. 2d 172, 176-77 (8th Cir.), cert. denied, 493 U.S. 859, 110 S.Ct. 170, 107 L.Ed.2d 127 (1989); DeNoyer, 811 F. 2d at 438; cf. White, 112 S.Ct. at 743-44 (confrontation clause does not preclude admission of child’s out-of-court statements under “firmly rooted” hearsay exception for medical treatment). O’…