State v. Vigil

After a jury trial, Appellant Jorge Vigil was found guilty of sexual assault of a child. Vigil appealed, arguing that the trial court erred in overruling his motion in limine and allowing a video-recorded interview of the victim to be heard by the jury after finding that the interview was admissible under Neb. R. Evid. 803(3), a hearsay exception for statements made for purposes of medical diagnosis or treatment. At issue was whether the statements were admissible when some time had passed since the sexual assaults and the victim did not see the physician the day of the interview. The Supreme Court affirmed the judgment of the trial court, holding that the trial court did not err in finding that the elements of the medical purpose exception found in Rule 803(3) were met. View "State v. Vigil" on Justia Law