McClain v. State

ON PETITION TO TRANSFER

BOEHM, Justice.

This ease deals with the exception to the hearsay rule provided by Indiana Evidence Rule 803(4) for statements made “for purposes of medical diagnosis or treatment.” A jury convicted the defendant, William O. McClain, of child molesting, a class B felony. 1 The Court of Appeals affirmed in a memorandum decision. McClain v. State, No. 32A05-9408-CR-307, 654 N.E.2d 918 (Ind.Ct.App.1995). McClain seeks transfer arguing that the trial court erred in relying upon Evid. R. 803(4) to permit a therapist to testify regarding a child victim’s statements.

Prior to…