D.B. v. Commonwealth, 2013-CA-000818 (unpublished):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