USA v. Sharon Keegan
Split Score
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Case Summary
Disposition
Affirmed
The Eleventh Circuit affirmed the exclusion of statements a defendant made to her retained psychologist, holding that Federal Rule of Evidence 803(4) applies only to statements made for genuine medical diagnosis or treatment. Because the defendant sought the expert solely to bolster a duress defense at trial, her statements were inadmissible hearsay, and the district court did not abuse its discretion in excluding them.
Circuit Split Identified
Legal Issue
Whether Federal Rule of Evidence 803(4) allows admission of statements made to a medical professional who was consulted solely for litigation purposes rather than for genuine medical diagnosis or treatment.
Circuit Positions
Rule 803(4) DOES permit admission of statements made to physicians consulted solely for litigation; the purpose/diagnosis distinction is abolished.
Rule 803(4) does NOT permit admission of statements to physicians consulted solely for litigation; statements must be made for genuine medical diagnosis or treatment.
Conflict Summary
The Eleventh Circuit held that Rule 803(4) excludes statements given to an expert retained only for litigation because they lack the reliability the hearsay exception is designed to ensure, whereas the Second, Fourth, Eighth, and Tenth Circuits have held that Rule 803(4) abolished the common-law distinction and permits such statements to be admitted as substantive evidence.