Evidence-Wellborn SU2006 Outline

wellborn doesnt see this patient motivation as being

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Unformatted text preview: ield complained of depression and despondency since her daughter and sonin-law (defendant) had moved into her home. o Dr. Mulkey further testified that Mrs. Chatfield told him that she was upset about her daughter and son-inlaw, that her son-in-law had been physically abusive to her daughter and that "she felt he might kill them both." o Based on Chatfield's statements, Dr. Mulkey diagnosed her condition as situational depression and recommended that defendant be removed from the home. D argues that Dr. Mulkey's testimony concerning Chatfield's statements should not have been admitted under 803(4) because: o The declarant's motivation for giving the information is highly suspect and o The doctor did not specifically rely upon the statements as reasonably pertinent to his diagnosis of depression. Holding: The statements were admissible under 803(4) o Met the following three requirements Made for purposes of medical diagnosis or treatment Mrs. Chatfield made these statements as a patient to he...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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