State v. Brewer, Unpublished Decision (6-30-2003)

I respectfully dissent. Because I find Ferback's statements are inadmissible under Evid.R. 803(4) and there is a reasonable, alternative explanation of the only other evidence indicative of sexual conduct, I would sustain Brewer's first, second and fourth assignments of error and reverse and remand for a new trial.

{¶ 48} In his first and second assignments of error, Brewer argues that the trial court erred when it allowed hearsay statements from an incompetent witness into evidence. Evid.R. 803(4) excludes from the hearsay rule statements "made for purposes of medical diagnosis or treatment…