Bellevue John Does 1-11 v. Bellevue School District No. 405 (2008) Accused Teachers Have Privacy Right in Records
The Washington Supreme Court has held that school districts need not publicly identify teachers alleged to have had sexual misconduct with students if the allegations are not substantiated. Kennedy v. Louisiana (2008) and Giles v. California (2008) Latest from the U.S. Supreme Court
Two recent opinions of the United States Supreme Court contain passages that will interest readers of Child Abuse Law News. State of Washington v. Mason (2007) Forfeiture by Wrongdoing
The Washington Supreme Court has decided that state criminal defendants can forfeit their confrontation rights through wrongdoing. State of Washington v. Kendra Lynn Watt (2007) Crawford Error Can be Harmless, Many Courts Say
The Washington Supreme Court has joined many others in holding that trial court errors admitting evidence in violation of the Crawford decision are not structural errors. State v. Kirkman (2007) Kirkman Reversed; Constitutional Error Not Manifest
The Washington Supreme Court has reversed the court of appeals and reinstated convictions in two child sex abuse cases. State v. Hopkins (2007) Child's Statements to CPS "Testimonial," Washington Court Holds A child's allegations of sexual molestation to a case worker from Child Protective Services were testimonial, the Washington Court of Appeals has held. State of Washington v. Perez (2007) Competency Attack Spoils Appeal
The Washington Court of Appeals has affirmed a conviction despite error in the admission of child hearsay. Whorton v. Bockting (2007) Crawford Decision Not Retroactive, Supreme Court Decides
The U.S. Supreme Court has denied the benefit of its landmark decision in Crawford v. Washington to persons whose convictions were final before it was decided. State of Minnesota v. Krasky (2006) Minnesota Court Rules Child's Statements to Nurse "Testimonial"
The Minnesota Court of Appeals has reversed a child abuse conviction because the child's statements to a nurse practitioner were improperly admitted at trial. Davis v. Washington (2006) Ohio v. Roberts is Fully Dead
The U.S. Supreme Court's latest decision construing the Confrontation Clause puts completely to rest the confrontation doctrine the Court established in 1980 in Ohio v. Roberts. State of Washington v. Randall J. Stevens (2006) Voluntary Intoxication Defense Permitted
The Washington Supreme Court has affirmed an order of a new trial for a man convicted of Child Molestation in the Second Degree. Koenig v. Des Moines (2006) Sexual Details Not Exempt from Public Disclosure
The Washington Supreme Court has narrowly construed two exemptions in the state's Public Disclosure Act. Davis v. Washington and Hammon v. Indiana (2006) Most Child Statements to Police Now "Testimonial"
In its first major elaboration on Crawford v. Washington, the U.S. Supreme Court has distinguished statements to police which are covered by the Confrontation Clause from those which are not. Blackwell v. Dept. of Social and Health Services (2006) Foster Parents Cannot Recover for Negligent Investigation
The Washington Court of Appeals has decided that Washington law does not permit foster parents to recover damages for a public agency's negligence in investigating allegations that they abused their foster children. State of Washington v. C.M.B. (2005) Competency Challenges Must Be Prompt
The Washington Court of Appeals has ruled that the defense waives any challenge to a child’s competency to testify if it does not make the challenge before or during the child’s testimony. State v. Walker (2005) and In re E.H. (2005) Illinois and Washington Courts Diverge on Children’s Statements to Relatives
Appellate courts in Illinois and Washington have both ruled this year on whether allegations of child sex abuse children made to close relatives were testimonial. Their decisions point in opposite directions. Fowler v. Sacramento County Sheriff's Department (2005) Ninth Circuit Finds Broad Right to Cross-Examine Complainant
A man convicted of molesting a 14-year-old girl will get a new trial because the judge precluded cross-examination about abuse accusations she had made against other men. State of Washington v. Randall J. Stevens (2005) Prosecutor May Not Ask if Complainants Were Consistent
A child molestation conviction in Washington has been reversed for three errors at trial, including admitting evidence that the two complainants' statements to police were consistent with each other. A.G.G. v. Com., Cabinet for Health & Family Services (2005) Kentucky Court Applies Crawford to Reverse Termination of Parental Rights
The Kentucky Court of Appeals has reversed an order terminating parental rights because the trial court admitted hearsay that did not qualify under Crawford v. Washington, 541 U.S. 36 (2004). State of Washington v. Charles L. Kirkman (2005) Truth-Lie Testimony Not Admissible
The Washington Court of Appeals has reversed a child rape conviction because a detective and a doctor were permitted to comment on the credibility of the complaining 8-year-old girl. State of Washington v. Fisher (2005) Statement to Doctor Not Testimonial, Court Holds
A 2 1/2-year-old boy's statement to a physician was not testimonial and so could be admitted at trial, the Washington Court of Appeals has ruled. State of Washington v. Dunn (2005) Opinion Child Was Abused Fails Frye Test
The Washington Court of Appeals has reversed a child sex abuse conviction because the trial court admitted the opinion of a physician's assistant that the child had been abused. Crawford v. Washington (2004) Criminal Depositions in the Crawford Era
Is a pretrial deposition an adequate opportunity to cross-examine under Crawford v. Washington? Crawford v. Washington (2004) Crawford Update
Jeffrey L. Fisher, the lawyer who won Crawford v. Washington in the U.S. Supreme Court, has followed lower-court decisions that apply the Crawford decision. State of Washington v. McGary (2004) Withholding Necessities is an
Element of Criminal Mistreatment in Washington
The Washington Court of Appeals has held that a person who does not withhold "any of the basic necessities of life" from a child or dependent person cannot commit the crime of Criminal Mistreatment in the Second Degree. Roberson v. Perez (2004) No Liability for Negligent Investigation
Without Harmful Placement Of Claimants' Child
The Washington Court of Appeals, Division III, has rejected a claim for compensation for negligent investigation of child abuse because the claimants did not suffer a harmful placement decision concerning their own child. State v. Willis (2004) Expert Testimony on Child Interviewing Not Barred in Washington
Expert testimony on the susceptibility of children to suggestion and the effects on their memories of particular interview techniques may be admitted in Washington state courts. People v. Sisavath (2004), Snowden v. State (2004), People v. Geno (2004) State Courts Apply Crawford to Child Hearsay
Courts of appeal in California and Maryland have reversed child abuse convictions because of the recent reinterpretation of the Confrontation Clause in Crawford v. Washington. State v. Nieto (2003) Teen's Written Statement to Police Held Not Reliable
A Washington state child rape conviction has been reversed because the trial court improperly admitted a teenager's written statement to police. Clark v. Baines (2004) Alford Plea Does Not Preclude
Malicious Prosecution Claim Against Accuser
A person who enters an Alford guilty plea to a sex crime may nonetheless respond to a tort claim for sexual battery with a counter-claim for malicious prosecution. So held the Washington Supreme Court in Clark v. Baines. Crawford v. Washington (2004) Crawford Decision Means Children Must Testify
In Crawford v. Washington, the United States Supreme Court has fundamentally reinterpreted the federal constitution's Confrontation Clause. People v. Lopez (2003) Illinois Ends Court-Ordered Medical Exams of Complainants
Illinois trial judges no longer have discretion to order defense medical exams of sex abuse complainants. Commonwealth v. Delbridge (2003) Pennsylvania Courts Will Consider "Taint" Before Trial
The Pennsylvania Supreme Court has held that "taint" challenges should be resolved in pretrial hearings on the competency of children to testify. State v. Chauvin (2003) Louisiana Court Won’t Allow PTSD to Prove Abuse
The Louisiana Supreme Court has forbidden use of post-traumatic stress disorder to prove a child has suffered sexual abuse. Stogner v. California (2003) Expired Prosecutions Stay Expired, Supreme Court Says
The United States Supreme Court has struck down a 1993 California statute that retroactively extended the limitations period for prosecuting child sex crimes. State of Washington v. C.J. (2003) Hearsay Declarants Need Not Have Been
Competent to Testify, Washington Supreme Court Rules
The Washington Supreme Court has ruled that admitting a child’s hearsay at trial does not require finding the child was competent to testify when she or he spoke. In the Interest of Michael H. (2002) South Carolina Court Permits
Defense Psychological Exam of Child Complainant
The South Carolina Supreme Court has held that a trial judge may grant a defendant’s motion for a child complainant to undergo a psychological examination. State of Washington v. Wallace Michael Smith (2002) Conviction Reversed for Failure to Consider CCTV for Child Witness
The Washington Supreme Court has reversed a child rape conviction because the trial court found the complainant unavailable as a witness without exploring evidence she might have been able to testify by closed-circuit television. State of Washington v. Alvin Willis (2002) Child Interviewing Technique is Proper Subject
for Expert Testimony, says Washington Appeals Court
The Washington State Court of Appeals has ruled that the proper technique for interviewing children is a fit subject for expert testimony. State v. Maule (2002) Court Finds No Right to Cross-Examine at Competency Hearings
The Washington State Court of Appeals has held that a party challenging a child’s competence to testify does not have a due process right to cross-examine the child at the competency hearing. State of Wisconsin v. St. George (2002) Right to Present Defense
Trumps Evidence Rule in Wisconsin Case
The Wisconsin Supreme Court has reversed a child sex abuse conviction because the trial court did not permit the defendant’s expert witness to testify. United States v. Willis (2001) Federal Circuits Split on New Trial Standard after Recantation
Federal circuit courts remain split on the standard to apply when a defendant moves for a new trial because a prosecution witness has recanted. State v. Vumback (2002) and State v. Sanchez-Cruz (2001) Oregon and Connecticut Courts Define “Scientific” Evidence
Recent child abuse cases in Oregon and Connecticut have considered what makes expert testimony “scientific”—and therefore subject to higher thresholds of admissibility at trial. Commonwealth v. Liang (2001) Massachusetts Court Requires Disclosure
of Exculpatory Statements Made to Victim Advocates
The Supreme Judicial Court of Massachusetts has ruled that a prosecutor’s constitutional duty to disclose exculpatory evidence to a criminal defendant applies to evidence obtained by victim advocates. State v. Ancira (2001) Court Says Visitation
Issues Best Handled In Non-Criminal Courts
The Washington Court of Appeals has encouraged judges not to regulate visitation between parents and children through criminal sentencing. State v. C.J. (2001) Child's Hearsay Rejected
Because He Was Not Competent To Testify
If a child is not competent to testify at trial, his hearsay statements may be admitted only after a showing that, when he made those statements, he could comprehend and truthfully relate the events described in them. State of Washington v. Kilgore (2001) and State v. Carol M.D (1997) Court Refines Washington Law for
Admitting Medical Purpose Hearsay and Prior Abuse
The Washington Court of Appeals has recently addressed the admissibility of two kinds of evidence often seen in child sex abuse prosecutions: medical purpose hearsay and prior sex abuse of the child by someone other than the defendant. Tyner v. Dept. of Social and Health Services (2000) and Roberson v. Perez (2000) Defenses Wither for Negligent Abuse Investigators
Two new Washington appellate decisions give persons falsely accused of child abuse better prospects for recovering damages from Child Protective Services and police. Schmitz v. Aston (2000) Arizona Court Rejects Privilege
to Report Abuse Suspicions to Neighbors
The Arizona Court of Appeals has upheld a defamation award for circulating child abuse suspicions in the neighborhood. Copyright © 2005 David S. Marshall