idaho
wright
argued
april
decided
june
respondent
wright
charged
idaho
law
two
counts
lewd
conduct
minor
specifically
daughters
trial
agreed
younger
daughter
capable
communicating
jury
however
admitted
idaho
residual
hearsay
exception
certain
statements
made
pediatrician
extensive
experience
child
abuse
cases
doctor
testified
reluctantly
answered
questions
abuse
spontaneously
volunteered
information
sister
abuse
wright
convicted
counts
appealed
conviction
involving
younger
child
state
reversed
finding
admission
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testimony
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hearsay
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wright
rights
confrontation
clause
noted
child
statements
fall
within
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hearsay
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lacked
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trustworthiness
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conducted
interview
without
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clause
rights
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rule
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clause
unless
prosecution
produces
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declarant
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statement
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unless
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reliability
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within
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rooted
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showing
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trustworthiness
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roberts
although
presumed
child
unavailable
within
meaning
clause
evidence
barred
unless
reliability
requirement
met
pp
idaho
residual
hearsay
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rooted
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hoc
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within
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thus
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reliability
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firmly
rooted
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rule
otherwise
require
virtually
codified
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found
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declined
california
green
pp
determining
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erred
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statement
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purposes
rather
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worthy
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rooted
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evidence
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testing
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reliability
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terminology
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age
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relate
whether
child
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likely
telling
truth
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made
state
contention
evidence
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hearsay
statement
may
properly
support
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trustworthiness
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since
permit
admission
presumptively
unreliable
statements
made
duress
bootstrapping
trustworthiness
evidence
trial
result
odds
requirement
hearsay
evidence
admitted
clause
trustworthy
declarant
marginal
utility
also
rejected
wright
contention
child
statements
per
se
presumptively
unreliable
ground
trial
found
child
incompetent
testify
trial
found
capable
communicating
jury
implicitly
found
time
made
statements
capable
receiving
impressions
facts
relating
truly
moreover
clause
erect
per
se
rule
barring
admission
prior
statements
declarant
unable
communicate
jury
time
trial
see
mattox
pp
admitting
evidence
trial
identified
two
factors
whether
child
motive
make
story
whether
given
age
statements
type
one
expect
child
fabricate
relating
circumstances
surrounding
making
statements
state
properly
focused
presumptive
unreliability
statements
suggestive
manner
doctor
conducted
interview
viewing
totality
circumstances
special
reason
supposing
incriminating
statements
child
abuse
particularly
trustworthy
statement
sister
presents
closer
question
although
spontaneity
change
demeanor
suggest
may
telling
truth
spontaneity
may
inaccurate
indicator
trustworthiness
prior
interrogation
prompting
manipulation
adults
moreover
statement
made
circumstances
reliability
comparable
required
example
admission
excited
utterances
statements
made
purposes
medical
diagnosis
treatment
state
challenge
state
determination
confrontation
clause
error
harmless
beyond
reasonable
doubt
revisit
issue
pp
delivered
opinion
brennan
marshall
stevens
scalia
jj
joined
kennedy
filed
dissenting
opinion
rehnquist
white
blackmun
joined
post
james
jones
attorney
general
idaho
argued
cause
petitioner
briefs
john
mcmahon
chief
deputy
attorney
general
myrna
stahman
deputy
attorney
general
deputy
solicitor
general
bryson
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
starr
assistant
attorney
general
dennis
michael
dreeben
rolf
michael
kehne
appointment
argued
cause
filed
brief
respondent
brief
amici
curiae
urging
reversal
filed
commonwealth
pennsylvania
et
al
ernest
preate
attorney
general
pennsylvania
marylou
barton
chief
deputy
attorney
general
douglas
baily
attorney
general
alaska
robert
corbin
attorney
general
arizona
steve
clark
attorney
general
arkansas
duane
woodard
attorney
general
colorado
charles
oberly
iii
attorney
general
delaware
robert
butterworth
attorney
general
florida
neil
hartigan
attorney
general
illinois
linley
pearson
attorney
general
indiana
tom
miller
attorney
general
iowa
robert
stephan
attorney
general
kansas
frederic
cowan
attorney
general
kentucky
william
guste
attorney
general
louisiana
joseph
curran
attorney
general
maryland
james
shannon
attorney
general
massachusetts
frank
kelly
attorney
general
michigan
mike
moore
attorney
general
mississippi
william
webster
attorney
general
missouri
marc
racicot
attorney
general
montana
robert
spire
attorney
general
nebraska
brian
mckay
attorney
general
nevada
john
arnold
attorney
general
new
hampshire
robert
del
tufo
attorney
general
designate
new
jersey
hal
stratton
attorney
general
new
mexico
lacy
thornburg
attorney
general
north
carolina
nicholas
spaeth
attorney
general
north
dakota
robert
henry
attorney
general
oklahoma
travis
medlock
attorney
general
south
carolina
roger
tellinghuisen
attorney
general
south
dakota
paul
van
dam
attorney
general
utah
jeffrey
amestoy
attorney
general
vermont
godfrey
de
castro
attorney
general
virgin
islands
mary
sue
terry
attorney
general
virginia
joseph
meyer
attorney
general
wyoming
briefs
amici
curiae
urging
affirmance
filed
american
civil
liberties
union
margaret
berger
steven
sharpiro
national
association
criminal
defense
lawyers
natman
schaye
stephan
lawton
john
myers
kirk
johnson
thomas
finn
filed
brief
american
professional
society
abuse
children
et
al
amicus
curiae
justice
delivered
opinion
case
requires
us
decide
whether
admission
trial
certain
hearsay
statements
made
child
declarant
examining
pediatrician
violates
defendant
rights
confrontation
clause
sixth
amendment
respondent
laura
lee
wright
jointly
charged
robert
giles
two
counts
lewd
conduct
minor
violation
idaho
code
alleged
victims
respondent
two
daughters
one
years
old
time
crimes
charged
respondent
louis
wright
father
older
daughter
reached
informal
agreement
whereby
parent
custody
older
daughter
six
consecutive
months
allegations
surfaced
november
older
daughter
told
cynthia
goodman
louis
wright
female
companion
giles
sexual
intercourse
respondent
held
covered
mouth
app
tr
seen
respondent
giles
thing
respondent
younger
daughter
app
tr
younger
daughter
living
parents
respondent
giles
time
alleged
offenses
goodman
reported
older
daughter
disclosures
police
next
day
took
older
daughter
hospital
medical
examination
older
daughter
revealed
evidence
sexual
abuse
one
examining
physicians
john
jambura
pediatrician
extensive
experience
child
abuse
cases
app
police
welfare
officials
took
younger
daughter
custody
day
protection
investigation
jambura
examined
following
day
found
conditions
strongly
suggestive
sexual
abuse
vaginal
contact
occurring
approximately
two
three
days
prior
examination
joint
trial
respondent
giles
trial
conducted
voir
dire
examination
younger
daughter
three
years
old
time
trial
determine
whether
capable
testifying
concluded
parties
agreed
younger
daughter
capable
communicating
jury
issue
case
admission
trial
certain
statements
made
younger
daughter
jambura
response
questions
asked
regarding
alleged
abuse
objection
respondent
giles
trial
permitted
jambura
testify
jury
follows
prosecutor
calling
attention
examination
kathy
wright
november
describe
interview
dialogue
kathy
time
excuse
get
lay
setting
took
place
else
might
present
took
place
office
examining
room
recall
believe
previous
testimony
said
recall
female
attendant
present
recall
identity
started
basically
hi
know
breakfast
morning
essentially
minutes
sort
chitchat
response
kathy
first
first
questions
started
carry
relaxed
animated
conversation
proceeded
gently
start
asking
questions
well
things
home
know
sorts
gently
moving
domestic
situation
moved
four
questions
particular
reflected
records
play
daddy
daddy
play
daddy
touch
touch
established
meant
generic
term
genital
area
get
best
recollect
response
question
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daddy
yes
play
remember
making
comment
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lot
expanding
talking
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time
daddy
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responded
well
played
together
variety
circumstances
know
seemed
unaffected
question
say
response
asked
daddy
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admit
asked
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excuse
notice
change
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line
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talk
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exactly
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place
happening
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say
daddy
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offer
last
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trial
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daughter
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sixth
amendment
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fourteenth
amendment
provides
criminal
prosecutions
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judiciary
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wide
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