Thursday, December 5, 2013

Blake v. State case brief

Blake v. State case brief summary
933 P.2d 474 (1997)

Defendant sought review of his conviction by the District Court of Sheridan County (Wyoming) on the State's charge of second degree sexual assault of his stepdaughter in violation of Wyo. Stat. Ann. § 6-2-303(a)(vi) (1988).

An investigator and a police officer interviewed a 16-year-old victim of alleged sexual abuse. After the interview, the victim was taken to a hospital where a doctor examined her. The victim told the doctor that defendant, her stepfather, had forced her to have sexual relations with him. Defendant was convicted of sexual assault in violation of Wyo. Stat. Ann. § 6-2-303(a)(vi) (1988). Defendant sought review of his conviction, arguing that the trial court improperly admitted the hearsay testimony of the doctor regarding the victim's identification of him as her abuser.


  • The court affirmed the conviction. 
  • The court held that hearsay statements made by a child victim to a treating physician that identified the perpetrator were admissible pursuant to Wyo. R. Evid. 803(4), provided that: 
  • (1) the victim's motive in making the statement was consistent with the purposes of promoting treatment or diagnosis; and, 
  • (2) the content of the statement was reasonably relied on by the doctor in her treatment or diagnosis. 
  • The court found that this two-part test was satisfied and that the doctor's testimony was admissible. 
  • The court further held that defendant's confrontation right was not violated.

The court affirmed defendant's conviction on the State's charge that he sexually abused his stepdaughter.

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