People v. Meeboer

I agree with the majority’s assertion that "it is very important that the understanding to tell the truth to the physician be established.” Ante, p 324. However, that assertion is undermined by the fact that the majority has included within its totality of the circumstances evaluation evidence — e.g., physical evidence of the sexual assault — that is unrelated and irrelevant to a child’s motivation to be truthful to a medical care provider. Furthermore, in its application of MRE 803(4) the majority has, without expert medical support in the record, prescribed for these and other cases what is…