State v. VeverkaAnnotate this Case
In this criminal case in which Defendant was charged with sexually abusing his fourteen-year-old daughter, S.V., the Supreme Court reversed the district court's preliminary ruling that a video recording of a forensic interview of S.V. was not admissible under the residual exception to the hearsay rule, holding that the district court committed two overarching error in its analysis of the preliminary question.
After the district court granted Defendant's motion to exclude the forensic interview the State sought a definitive ruling on four of the findings requisite for evidence to be admitted under the residual exception - trustworthiness, materiality, notice, and service of the interests of justice. The district court concluded that the video was not admissible under the residual hearsay exception. The Supreme Court reversed, holding that the district court erred in concluding that it had discretion regarding the admission of the videotape and that the district court's analysis of the preliminary question was contaminated with extraneous considerations relating to confrontation clause jurisprudence.