DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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033064P.pdf 06/04/2004 United States v. Bruce Thunder Horse
U.S. Court of Appeals Case No: 03-3064
District of South Dakota
Criminal case - criminal law. In case involving abusive sexual contact
with a ten-year old girl, the district court did not err in allowing a
forensic interviewer who conducted the initial interviews with the victim
to testify regarding the child's descriptions of the abuse; in cases
involving the admissibility of a sexually abused child's hearsay statements
under Rule 807, the court must assess the trustworthiness and reliability of
the out-of-court statement in light of the circumstances at the time of the
declaration and the credibility of the declarant; here, several
circumstantial guarantees are present - proximity in time, experience of
the interviewer, age of the child - and the statements were admissible.
[PUBLISHED] [Smith, Author, with Murphy and Colloton, Circuit Judges]