Evidence-Wellborn SU2006 Outline

The depression that she experiences is a medically

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Unformatted text preview: d wife to doctor identifying estranged husband as abuser (pertinent to treatment!) Example Admissible. Prosecution of defendant for murder of his wife and mother-in-law; mother-in-law's physician testified that he diagnoses and treated her for "situational depression" relying in part upon her statements "that her son-in-law had been physically abusive to her daughter, and that she felt he might kill them both." Was important for her treatment. State v. Moen [see below!] Example Inadmissible. Statement to physician that injuries were caused by "excessive force." STATE v. MOEN [Hearsay Exceptions; Availability of Declarant Immaterial Statements for Purposes of Medical Diagnosis or Treatment FRE 803(4)] Facts: Judith Moen and her mother (Hazel Chatfield) were found shot dead. State's theory was that D killed Judith during a domestic quarrel and that he killed Hazel when she became involved in the dispute. Procedural Posture: Dr. Mulkey testified that he treated Chatfield up until a few days before she was killed. o During her last two visits, Chatf...
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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 at Austin.

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