State v. K.B.

2010 Ark. 228, 379 S.W.3d 471, 2010 Ark. LEXIS 273
CourtSupreme Court of Arkansas
DecidedMay 13, 2010
DocketNo. 09-1018
StatusPublished
Cited by4 cases

This text of 2010 Ark. 228 (State v. K.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. K.B., 2010 Ark. 228, 379 S.W.3d 471, 2010 Ark. LEXIS 273 (Ark. 2010).

Opinions

RONALD L. SHEFFIELD, Justice.

[ Appellee, K.B., was charged with rape, in violation of Ark.Code Ann. § 5-14-103(a)(3)(A) (Supp.2009), in the Pulaski County Circuit Court, Juvenile Division. K.B. was charged with raping C.G., a four-year-old relative of K.B., with a crayon. After continuing the adjudication hearing several times, the court found K.B. not delinquent and dismissed the ease. The adjudication order was entered on June 23, 2009. The State of Arkansas now seeks a declaration of error of the juvenile court’s interpretation of Rule 503 of the Arkansas Rules of Evidence. The State asserts that an error has been committed by the juvenile court which prejudiced the State, and this court’s review is required for the correct and uniform administration of the law.

As an initial issue, this court must determine whether the State has properly brought this appeal. The State appeals pursuant to Ark. R.App. P.-Civ. 2(c)(1) (2009), which permits the State to appeal in delinquency cases only under those circumstances that would permit |2the State to appeal in criminal proceedings, and Ark. R.App. P.-Crim. 3(b) and (c) (2009), which authorize review when the Attorney General, after inspecting the trial record, is satisfied that error has been committed to the prejudice of the State and that the correct and uniform administration of the criminal law requires such review. We have long held that “there is a significant difference between appeals brought by criminal defendants and those brought on behalf of the State. The former is a matter of right, whereas the latter is neither a matter of right, nor derived from the Constitution, but rather is only granted pursuant to the confines of Rule 3.” State v. Pruitt, 347 Ark. 355, 359-60, 64 S.W.3d 255, 258 (2002). Accordingly, the State’s ability to bring such an appeal is limited, and we will only accept appeals “which are narrow in scope and involve the interpretation of law.” State v. Banks, 322 Ark. 344, 345, 909 S.W.2d 634, 635 (1995). What is more, “[w]here an appeal does not present an issue of interpretation of the criminal rules with widespread ramifications, this court has held that such an appeal does not involve the correct and uniform administration of the law. Appeals are not allowed merely to demonstrate the fact that the trial court erred.” State v. Stephenson, 330 Ark. 594, 595, 955 S.W.2d 518, 519 (1997) (citations omitted). Accordingly, an

appeal that raises the issue of application, rather than interpretation, of a statutory provision does not involve the correct and uniform administration of the criminal law. Moreover, where the resolution of the issue on appeal turns on the facts unique to that case, it cannot be said that the appeal is one requiring interpretation of our criminal rules with widespread ramifications.

Pruitt, 347 Ark. at 360, 64 S.W.3d at 258.

In this case, the State argues that the juvenile court erred in its interpretation of Ark. R. Evid. 503, and specifically in its holding that a minor victim and her mother can, by their testimony, waive the physician-patient privilege, pursuant to the exception outlined in Ark. R. Evid. 503(d)(3)(A), because they are parties to the criminal prosecution. As this issue requires us to interpret Rule 503, and not merely determine whether the rule was properly applied to the facts of this case, we hold that this is a proper matter for a State appeal.

We now turn to the merits of this case. The record reflects that the adjudication hearing commenced on June 9, 2009, and that the mother of C.G., the minor victim, testified to the following facts. Some time in late November 2008, K.B. and C.G., who are cousins, were alone together for less than an hour. A few weeks later, in December 2008, when C.G. complained of pain in her stomach, her mother took her to Dr. Karen Crowell, C.G.’s primary care physician. Upon examination, Dr. Crowell discovered that C.G. had a yeast infection and blood in her urine. Dr. Crowell prescribed antibiotics for both conditions. A few days later, as her mother was drying C.G. after a bath, C.G. thanked her mother for not hurting her as K.B. does. When her mother questioned her about the statement, C.G. told her, “[K.B.] stuck a crayon in me,” and indicated that this had occurred when the two of them were alone together in November. C.G.’s mother explained that she examined C.G.’s vaginal opening and noticed that it was wider than usual.1

|4The hearing was continued to June 16, 2009. Dr. Crowell appeared and sought to quash a subpoena requesting her to produce the medical records for C.G. and to testify at the hearing. Dr. Crowell’s attorney argued that neither C.G. nor her mother had authorized Dr. Crowell to release C.G.’s medical records, and therefore Dr. Crowell would be prohibited from doing so pursuant to the physician-patient confidentiality established by Rule 503 of the Arkansas Rules of Evidence.2 In response, K.B.’s attorney argued that C.G.’s mother, as her guardian, had waived the privilege when she put C.G.’s physical condition, alleged injuries, statements to Dr. Crowell, and statements by Dr. Crowell in issue. K.B.’s attorney also maintained that the privilege only protects confidential communications between a doctor and patient, and not the type or date of treatment. According to K.B.’s attorney, communications that C.G.’s mother had testified about on direct examination were no longer confidential. K.B.’s attorney specifically pointed out that C.G.’s mother had testified about C.G.’s alleged injuries, and about the communications that had taken place between her and Dr. Crowell when she took C.G. to see Dr. Crowell. Dr. Crowell’s attorney responded that the litigation was being pursued by the State, not C.G. or her guardian, and therefore the exception outlined in Rule 503(d)(3)(A) did not apply. What is more, Dr. Crowell’s attorney argued, the State, a party to the action, had not made any comments that would elicit a waiver of the |5privilege. Finally, K.B.’s attorney countered that Rule 503 applies equally in criminal as in civil cases, and it was the State that had elicited, in the first place, C.G.’s mother’s testimony regarding the communications with Dr. Crowell. K.B.’s attorney asserted that the State could not hide behind the privilege when C.G.’s physical condition was an essential part of the State’s case.

The juvenile court denied the motion to quash the subpoena of C.G.’s medical records. As an explanation for its holding, the court stated that Rule 503(d)(3)(A) provides an exception to the physician-patient privilege established by Rule 503. The court found that C.G. and her mother alleged that K.B. raped C.G. and filed charges against K.B. Therefore, they had a claim against K.B. Also, the court noted that C.G.’s mother put C.G.’s physical condition into issue when she testified about the insertion of the crayon and the width of C.G.’s vaginal opening.

Accordingly, Dr. Crowell testified at the hearing to the following facts. She examined C.G. on December 15, 2008. At that time, C.G. was complaining of abdominal pain, but not vaginal pain. Dr. Crowell diagnosed C.G. as having abdominal pain and hematuria, with a suspected urinary tract infection.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 Ark. 228, 379 S.W.3d 471, 2010 Ark. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kb-ark-2010.