DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
064125P.pdf 11/01/2007 United States of America v. Duane Bercier
U.S. Court of Appeals Case No: 06-4125
District of North Dakota - Bismarck
[PUBLISHED] [Loken, Author, with Arnold and Colloton, Circuit
Judges]
Criminal case - criminal law. While the evidence was sufficient to
support defendant's conviction for aggravated sexual abuse and abusive
sexual contact, the district court abused its discretion in admitting hearsay
testimony by an examining physician recounting in considerable detail
what the victim said in a hospital interview about the assault, including
her assailant's identity, and portions of a hospital record containing the
same hearsay; case remanded for a new trial.