Evidence keyed to Mueller
U.S. v. Iron Shell
Victim was sexually assaulted in some bushes near the side of a road; following the assault, Victim sought help, and was interviewed by police and examined by a physician within hours. The time of the assault was sometime between 6:00pm and 6:30pm; following the assault, Victim was interviewed by a police officer, Officer Marshall (Marshall), around 7:15pm and by a physician, Dr. Hopkins (Hopkins), around one hour later. Victim told Marshall she was grabbed, held around the neck, and threatened. Marshall testified as to these out-of-court statements at trial. The statements Victim made to Hopkins during the examination were also admitted into evidence at trial. Appellant was convicted by a jury and appeals here, arguing that the above statements constitute inadmissible hearsay not within any exception, and therefore that their admission justifies reversal of his conviction.
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