County District Court File No. 10-CR-15-685
Swanson, Attorney General, St. Paul, Minnesota; and
Metz, Carver County Attorney, Angella M. Erickson, Assistant
County Attorney, Chaska, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Anders
J. Erickson, Assistant Public Defender, St. Paul, Minnesota
Considered and decided by Worke, Presiding Judge; Ross,
Judge; and Kirk, Judge.
doctor's report that is prepared for treatment purposes
and that is only coincidental to a criminal investigation is
not a testimonial statement subject to the Confrontation
in an assault trial heard testimony that appellant Travis
Andersen punched his girlfriend A.A. in the face and that he
had previously assaulted her. A.A.'s treating
physician's assistant testified that she examined
A.A.'s x-rays and concluded that A.A. suffered a broken
nose, and the prosecutor introduced a radiologist's
report confirming that A.A.'s nose was broken. The jury
found Andersen guilty. Andersen argues that the district
court abused its discretion by allowing A.A. to testify about
Andersen's prior abuse and violated his constitutional
right to confront witnesses by admitting the
radiologist's report. We affirm because the prior-abuse
testimony was admissible relationship evidence and because
the radiologist's report was not testimonial in nature.
state charged Travis Andersen with domestic assault and
third-degree assault, among other things, after A.A. reported
in July 2015 that he punched her several times while she was
driving. The jury in Andersen's March 2016 trial heard
from A.A. and the physician's assistant who treated her.
testified that she and Andersen began dating in August 2014.
Andersen soon began verbally abusing her. By October 2014,
A.A. moved in with Andersen and his parents. Sometime in late
October or early November, Andersen and A.A. got into an
argument during which Andersen hit A.A. in the face. The
district court cautioned the jury to avoid misusing this
testimony. A.A. told the jury that Andersen went to prison in
said that Andersen stopped verbally abusing her only for a
time. She decided to move out of Andersen's parents'
home and end the relationship in the spring of 2015, while
Andersen was still in prison. But she saw him on July 2,
2015, after he was released. She invited Andersen to stay
with her, and on July 7, 2015, she picked Andersen up from
his parents' home. They had an argument during the drive
and Andersen grabbed the steering wheel. A.A. stopped in a
parking lot, and Andersen yelled at her and threw a beverage
at her. A.A. testified that she slapped Andersen and pulled
out of the parking lot. They continued arguing, and she hit
him once more.
retaliated. He punched A.A. in the face "four to five
times" while she drove. A.A.'s nose bled and she
thought it was broken. A.A. took Andersen to his parents'
house and, after Andersen insisted, went inside with him
"because [she] was scared since he was still with [her]
and [she] was confused." A.A. said that she tried to