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Appeals panel hears challenge to medical-records evidence in assault case
Summary
In Commonwealth v. Arthur Bubanes, defense counsel argued that unattributed statements in medical records were inadmissible and prejudicial; the Commonwealth said the jury had stronger evidence including a neurologist's diagnosis and identification testimony. The panel submitted the matter after argument.
Associate Justice Sabida Singh convened the panel and called Commonwealth v. Arthur Bubanes for argument. Defense attorney Sarah Unger told the court the trial judge abused discretion by admitting statements in the victim’s medical records that were "not reliable statements" and "largely unattributed," arguing they were inflammatory and prejudicial to the defense.
Unger said the medical-record entries lacked attribution to a qualifying medical professional and…
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