- Associated Press - Thursday, November 6, 2014

PHOENIX (AP) - An Arizona court ruling says the constitutional right to confront witnesses against a defendant wasn’t violated by testimony from a nurse who examined a sexual assault victim who later died before the defendant’s trial.

A man convicted of sexually assaulting a teenage girl appealed on grounds that his lawyer couldn’t question the victim, who had told the nurse about the assault.

The nurse testified during the defendant’s trial about what the victim said.

Courts generally allow testimony about victims’ responses to questions necessary for medical treatment, but not when the questions are for a law enforcement investigation.

The nurse who examined the victim was gathering evidence, but the Court of Appeals ruled Tuesday she could testify because her questioning of the victim was primarily to provide medical treatment.



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