Evidence - Supreme Court Review
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Authors
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In Murdock v. Murdoc the Nebraska Supreme Court faced the issue of whether children of the parties in a divorce action were competent as witnesses. The court by implication ruled that this decision was left to the discretion of the trial court. Factors which the trial court should consider were listed by the court, and included consideration of the children's best interest, the necessity for their testimony, and the emotional effect on the children of testifying.|The physician-patient privilege is set out in section 27-504 of the Nebraska statutes. In the recent case of Branch v. Wilkinson, the supreme court thoroughly discussed the privilege as applied to blood samples taken in the course of emergency room treatment. The Branch court required that before a court may apply this privilege, a party must establish that (1) a physician-patient relationship existed; (2) the type of evidence sought to be excluded comes within the protective scope of the privilege; (3) the physician needed the information to properly discharge his duties...
Description
Citation
12 Creighton L. Rev. 230 (1978-1979)
Publisher
Creighton University School of Law