United States v. Kelley

ORR, Senior Judge:

The primary issues in this case concern the Government’s use of three out-of-court statements by the alleged victim to prove acts of child sexual abuse. The first was to the child’s babysitter, which was admitted under the residual exception to the hearsay rule; the second was to a family counselor, which was admitted under the medical diagnosis and treatment exception; and, the third was to a school nurse, which was ostensibly admitted under the medical diagnosis and treatment exception.

The victim was the appellant’s 6 year-old daughter [CK], who was 7 at the time of trial.…