D.B. v. Commonwealth, 2013-CA-000818 (unpublished):
The
Court of Appeals reversed a juvenile sex offense adjudication finding that the
juvenile court improperly admitted the child-complainant’s statements to the
Children’s Advocacy Center therapist. The Court held that under B.B.
v. Commonwealth, 226 S.W.3d 47 (Ky. 2007) the statements of an incompetent
witness are inadmissible. It was uncontested in this case that the complainant
(a toddler) was incompetent to testify. The juvenile court had admitted the
statements under the hearsay exception for statements made for purposes of
medical treatment.
Contributed by Renee VandenWallBake
