The defendant was convicted of four counts of
first-degree criminal sexual conduct for acts of anal penetration of the
complainant from the time she was five until she was nine years old. At trial, Dr. Stephen Guertin testified about
statements the complainant made to him and testified that she was sexually
abused. The Court of Appeals affirmed
defendant’s convictions in a 2-1 unpublished opinion. The Supreme Court has ordered oral argument
on the application to address: (1)
whether Dr. Guertin’s testimony about the complainant’s statements to him was
admissible under the medical treatment exception to the hearsay rule, see People v Garland, 286 Mich App 1 (2009), and People v Shaw, 315 Mich App 668 (2016); (2) whether Dr.
Guertin’s testimony was contrary to this Court’s decision in People v Thorpe, 504 Mich 230 (2019), and/or People v Harbison, 504 Mich 230 (2019); and (3) if error
occurred, whether reversal of the defendant’s convictions is warranted.