Facts: Petitioner Jeremy Anderson was convicted of first degree child molestation in the Superior Court for Mason County after a trial in which the nurse who examined the victim of a prior uncharged sex offense allegedly committed by Anderson offered testimony recounting statements made to her by the victim. Anderson appealed his conviction on grounds that the trial court’s admission of the testimony violated his right to confrontation under the 6^th Amendment to the United States Constitution and Article I §22 of the Washington State Constitution.  The Washington Court of Appeals affirmed Anderson’s conviction, holding that the statements made by the victim to the nurse were not testimonial statements but rather statements provided for purposes of a medical diagnosis and treatment and therefore admissible.  Anderson appealed this decision to the Supreme Court of Washington.  In the interim, the state of Washington conceded that the testimony was inadmissible but asserted that the error was harmless.

Question(s): Was the trial court’s error in admitting the testimonial statements harmless?

Conclusion: Justice Charles W. Johnson’s opinion for a unanimous Court affirmed Anderson’s conviction, concluding that the trial court’s error in admitting the testimonial statements was harmless insofar as overwhelming evidence supported Anderson’s conviction even in the absence of the nurse’s testimony.

Docket No. 84066-1 (from Court of Appeals Division II Case No. 38453-1)

Petitioner: Jeremy Anderson

(Counsel: Peter B. Tiller)

Respondent: State of Washington

(Counsel: Timothy W. Whitehead)

Briefs:

Argument: Thursday, March 17, 2011 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, June 9th, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson
(Majority)

Alexander

Chambers

Owens

Fairhurst

Johnson

Stephens

Wiggins