Dobbs v. State

2 Citing cases

  1. Muskin v. State

    No. 11-19-00391-CR (Tex. App. Dec. 16, 2021)   Cited 1 times

    "Virtually all Texas courts that have considered the issue have concluded that when a patient gives a verbal history to a sexual assault nurse examiner or other medical professional during a sexual assault exam for the purpose of receiving medical treatment, the history is not considered testimonial within the context of Crawford." Ervin v. State, No. 08-15-00025-CR, 2017 WL 3614237, at *11 (Tex. App.-El Paso Aug. 23, 2017, pet. ref'd) (not designated for publication) (collecting cases); see, e.g., Murray v. State, 597 S.W.3d 964, 973-74 (Tex. App.-Austin 2020, pet. ref'd); Berkley v. State, 298 S.W.3d 712, 715 (Tex. App.-San Antonio 2009, pet. ref'd); see also Anavisca v. State, No. 14-20-00160-CR, 2021 WL 4535409, at *8 (Tex. App.-Houston [14th Dist.] Oct. 5, 2021, no pet. h.) (mem. op., not designated for publication); Dobbs v. State, No. 02-17-00246-CR, 2018 WL 3060093, at *3 (Tex. App.-Fort Worth June 21, 2018, pet. ref'd) (mem. op., not designated for publication); Garrett v. State, No. 12-15-00208-CR, 2017 WL 1075710, at *3 (Tex. App.-Tyler Mar. 22, 2017, no pet.) (mem. op., not designated for publication).

  2. Anavisca v. State

    No. 14-20-00160-CR (Tex. App. Oct. 5, 2021)   Cited 2 times

    Ervin v. State, No. 08-15-00025-CR, 2017 WL 3614237, at *11 (Tex. App.-El Paso Aug. 23, 2017, pet. ref d) (not designated for publication); see id. (collecting cases); see also Dobbs v. State, No. 02-17-00246-CR, 2018 WL 3060093, at *3 (Tex. App.-Fort Worth June 21, 2018, pet. ref d) (mem. op., not designated for publication) (noting that "[virtually all" Texas Courts have concluded that, when a patient gives a verbal history during a sexual assault exam, the history is not considered testimonial within the context of Crawford).