Anderson v. State
24 A.3d 692
Md.2011Background
- Brittany B., the alleged victim, reported sexual abuse by Petitioner Waymon Anderson to her mother, leading to a Tree House assessment on April 28, 2008.
- Dr. Stephen Boos, Medical Director of the Tree House, prepared a report to Detective Carin documenting Brittany's statements and testing/treatment plans.
- The State offered a redacted version of Boos’ report and Dr. Elizabeth Shukat’s testimony based on it; Petitioner objected, arguing the report was hearsay and not for medical treatment.
- The circuit court admitted the history and assessment portions of Boos’ report over objection, treating the statements as made in contemplation of treatment.
- The Court of Special Appeals affirmed, and the Maryland Court granted certiorari to determine admissibility and harmlessness of the Boos report.
- The Court reverses, holds the Boos report inadmissible as a document prepared in anticipation of litigation, and remands for a new trial with costs to Montgomery County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Boos’ report was admissible under hearsay exceptions | Anderson argues the report is hearsay prepared in anticipation of litigation and not within medical treatment or business records exceptions | State contends the report fits the medical treatment/diagnosis exception and should be admitted | No; report inadmissible; error not harmless beyond a reasonable doubt |
Key Cases Cited
- Coates v. State, 405 Md. 131 (Md. 2008) (discusses dual purposes of medical exams for diagnosis/treatment and forensic use)
- United States Fidelity & Guaranty Co. v. Continental Baking Co., 172 Md. 24 (Md. 1937) (illustrates opening the door to evidence via cross-examination; not independently admissible)
- Shpigel v. White, 357 Md. 117 (Md. 1999) (ER records admissibility; court weighs trustworthiness and purpose)
- Chadderton v. M.A. Bongivonni, Inc., 101 Md.App. 472 (Md. 1994) (reports to insurers not automatically admissible under certain acts; trustworthiness concern)
- Kelly v. HCI Heinz Construction Co., 218 Ill.2d 358 (Ill. 1996) (case approving exclusion of records prepared in anticipation of litigation)