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Okay - this should probably be a no brainer, but for some reason I just can't get there... this is the first time i've called a custodian to get in medical records -- it's a FV assault. do i just enter everything they bring me in one packet as a business record and only publish to the jury the pages i really want to stand out... i.e. my husband punched me in the face(anticipating the objections that will fly of course) or do i need to go through each page one by one before i try to admit anything and find the stuff i think is probably inadmissable hearsay ...then only admit that stuff? Or, do I just let the defense figure it out on the spot?
 
Posts: 79 | Location: Hood County | Registered: December 18, 2008Reply With QuoteReport This Post
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Since you have the witness there and do not need to worry about matching docs to an affidavit I would just admit what you want, avoiding any possible appellate issues if defense attorney misses an objection to some golden nugget buried in them.
 
Posts: 42 | Location: Plano, TX | Registered: June 24, 2002Reply With QuoteReport This Post
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Also note the recent case of Taylor v. State, 268 S.W.3d 571 (Tex. Crim. App. 2008), which deals with the predicate for statements made for purposes of medical diagnosis. Granted, it's dealing with child statements to a therapist, but there may be some applicability to your case as well. You may want to be aware of it even if only to distinguish it.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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