Dee Ward v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1401-CR-25

RUSH, Chief Justice.

Dee Ward was charged with, battering J.M., his girlfriend. During treatment for her injuries, J.M. told a paramedic and a forensic nurse that Ward was her attacker. When J.M. failed to appear for depositions or to testify at trial, the State relied on her statements to the- paramedic, and the fo*754rensic nurse to implicate Ward, over Ward’s objection that the evidence was “testimonial hearsay” that violated his federal and State confrontation rights.

We hold the statements are non-testimonial.…