BROWSING TOPICS: "Hearsay Exceptions : Child's Statements" — Cases

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View Case Download Case View Abstract Download Abstract	Topic(s):  Child's Statements -- Hearsay Exceptions -- State of Mind In re D.L.B., 943 S.W.2d 175 (Tex. App.--San Antonio 1997, no writ) — Although testimony by the appellants regarding the child's statements to them indicating that the child wanted to be adopted by them would have been admissible under the declarant's state of mind exception to the hearsay rule, where the party calling the witness did not make a bill of exceptions regarding the excluded testimony, the trial court did not abuse its discretion in excluding the testimony.
View Case Download Case	Topic(s):  Hearsay Exceptions -- CPS Investigator Gohring v. State, 967 S.W.2d 459 (Tex. App.—Beaumont 1998, no pet.) — A child's statement that her father had sexually abused her made to a CPS investigator was not admissible under Rule 803(4) of the Texas Rules of Criminal Evidence, the medical treatment exception to the hearsay rule, because there was no showing of a medical care component to the social worker's employment or that the declarant was aware of a medical care component.
View Case Download Case	Topic(s):  Hearsay Exceptions -- Medical Treatment Gregory v. State, 56 S.W.3d 164, 183 (Tex. App.—Houston [14th Dist.] 2001, pet. dism'd) (per curiam) — The court held that the child victim's statements about the alleged fondling and the identity of the accused made to a nurse as part of a general medical history for diagnosis and treatment were admissible under Rule 803(4) of the Texas Rules of Criminal Evidence (the medical treatment exception to the hearsay rule).
View Case Download Case	Topic(s):  Hearsay Exceptions -- Medical Treatment Gohring v. State, 967 S.W.2d 459 (Tex. App.—Beaumont 1998, no pet.) — The court held that a child's statements that she had been sexually abused by her father made to a drama therapist, who was working under the supervision of a licensed psychologist for the purpose of providing psychological treatment, and to a psychotherapist were admissible under Rule 803(4) of the Texas Rules of Criminal Evidence, the medical treatment exception to the hearsay rule.
View Case Download Case	Topic(s):  Hearsay Exceptions -- State of Mind Baxter v. Tex. Dep't of Human Res., 678 S.W.2d 265 (Tex. App.—Austin 1984, no writ) — Statements made to the caretaker by the child that he had been beaten by his parents, was afraid he would be beaten again when his parents returned, and that he had seen sexually explicit materials were admissible as hearsay exceptions to show the child's state of mind.