researching references to testimony

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Marina
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researching references to testimony

Postby Marina » Sat Jul 01, 2006 11:51 am

researching references to testimony

HHS Proving Child Maltreatment in Court

Working With the Courts in Child Protection
Jane Nusbaum FellerwithHoward A. DavidsonMark HardinRobert M. Horowitz
1992U.S. Department of Health and Human ServicesAdministration for Children and FamiliesAdministration on Children, Youth and FamiliesNational Center on Child Abuse and Neglect
This manual was developed and produced by The Circle, Inc., McLean, VA, under
Contract No. HHS-105-88-1702.

http://216.109.125.130/search/cache?p=t ... 1&.intl=us

PROVING CHILD MALTREATMENT IN COURT

35The Process of Proving Maltreatment
35The Rules of Evidence
35Why They Exist
35How Evidentiary Rules Affect the Caseworker
35Types of Evidence
35Relevant and Material Evidence
37The Hearsay Rule
37Admissions of a Party
37Excited Utterances38Records
38What Records Are Admissible?
38Getting Records Into Evidence
39Statements Made for the Purpose of Diagnosis or Treatment
39The Residual Exception
39Special Statutory Exceptions for Child Sexual/Physical Abuse Victims
40Privileged Communications
40Opinion Evidence
41Expert Testimony
41Scope of Permissible Expert Testimony
42Character Evidence
42Prior Acts Evidence
43Stipulations
43Rules of Evidence and the Nonlegal Professional
43How Much Evidence Is Required?
43TESTIFYING IN COURT
45Courtroom Dress and Demeanor
45Direct, Cross, and Rebuttal Examination
45Guidelines for Testifying in Court
48Professionals as Witnesses in Sexual Abuse Cases
49Know the Facts of the Case
49Have an Opinion
50The Essential Points of the Testimony
51The Weaknesses of the Position and Cross-examination
51Objections by Attorneys and the Judge’s Response
51THE CHILD AS A WITNESS
53Competency
53Judicial Authority To Make a Child Witness More Comfortable in the Courtroom
53Sequestration of Witnesses
54Special Legislative Provisions for the Protection of Child Witnesses
54Constitutional Challenges to Special Treatment for Child Witnesses
55Leading Questions, Anatomical Dolls, and Other Aids to Securing Child Testimony
56Children as Witnesses in Sexual Abuse Cases
56Preparing the Child To Testify
56The Setting
56The Court Process
57The Child’s Recollection
57Additional Suggestions for Preparing Children to Testify
57The Impact of the Federal Children’s Justice Act and the Victims of Child Abuse Act
Last edited by Marina on Sat Jul 01, 2006 2:38 pm, edited 1 time in total.

Marina
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Postby Marina » Sat Jul 01, 2006 11:59 am

IN THE INTERMEDIATE COURT OF APPEALS




OF THE STATE OF HAWAI`I






---o0o---






IN THE INTEREST OF JANE DOE,

Born on September 20, 1987






APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT




(FC-S NO. 96-055K)






and






IN THE INTEREST OF JANE DOE,

Born on August 15, 1993






APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT




(FC-S NO. 96-056K)






NO. 21644






JULY 13, 1999






BURNS, C.J., WATANABE, AND ACOBA, JJ.






OPINION OF THE COURT BY ACOBA, J.



http://66.218.69.11/search/cache?p=test ... 1&.intl=us

"counsel moved to strike Reinhart's testimony, disputing "[her] opinions [as] not conform[ing] . . . to the requirements under . . . Daubert vs. Merrell Dow Pharmaceuticals "

"At the end of Burke's testimony, Father's counsel moved for dismissal on the basis that DHS had "fail[ed] to provide any witnesses that sustained the Dalberg [sic] test""

"The court was provided with the home report and testimony"

""evidence and testimony of [Child II's] treatment and counseling should never have been revealed to a non-party to the action"

"The critical inquiry with respect to expert testimony . . . is whether such testimony "will assist the trier of fact to understand the evidence or determine a fact in issue. . . ." [HRE Rule 702(14)] Generally, in order to so assist the jury an expert must base his [or her] testimony upon a sound factual foundation; any inferences or opinions must be the product of an explicable and reliable system of analysis; and such opinions must add to the common understanding of the jury. See [HRE Rule 703(15)]."

""In short, expert testimony must be (1) relevant and (2) reliable."

"Such expert testimony has been characterized by the supreme court as being in the realm of "specialized knowledge"

Marina
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Postby Marina » Sat Jul 01, 2006 2:43 pm

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA


January 2003 Term
__________

No. 30971
__________

IN RE: KYIAH P. AND JOSEPH P.

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Marina
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Postby Marina » Sat Jul 01, 2006 2:49 pm

206 W. Va. 1, 521 S.E.2d 173

Supreme Court Of Appeals Of West Virginia

IN RE: BILLY JOE M. AND JASON M.,
No. 25888
Submitted: June 1, 1999
Filed: July 15, 1999

SYLLABUS BY THE COURT



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Marina
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Postby Marina » Sat Jul 01, 2006 3:03 pm

J.G., :
:Petitioner:
:v.:NO. 1443 C.D. 2001:Department of Public Welfare,:
:Submitted: December 21, 2001Respondent:BEFORE:HONORABLE DORIS A. SMITH-RIBNER, JudgeHONORABLE JAMES R. KELLEY, Senior Judge1HONORABLE JESS S. JIULIANTE, Senior JudgeOPINION BY SENIOR JUDGE KELLEYFILED: April 10, 2002

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Marina
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Postby Marina » Sat Jul 01, 2006 3:59 pm

THIRD DIVISION

March 15, 2006

No. 1-05-3627


In re KENNETH D., a Minor,
(The People of the State of Illinois,

Petitioner-Appellee,

v.

Martha L.,

Respondent-Appellant).
)
)
)
)
)
)
)
)
)
)
) Appeal from
the Circuit Court
of Cook County.
No. 05 JA 00012

Honorable
Robert Balanoff,
Judge Presiding.



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Marina
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Postby Marina » Sat Jul 01, 2006 4:46 pm

1-02-1205



In re John Paul J., a Minor
(THE PEOPLE OF THE STATE OF ILLINOIS,
Petitioner-Appellee,

v.

JOHN J., Sr., and ARDELL J.,

Respondents-Appellants).
)
)
)
)
)
)
)
)
)
) Appeal from the
Circuit Court of
Cook County




Honorable
Sandra R. Otaka,
Judge Presiding


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Marina
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Postby Marina » Sat Jul 01, 2006 4:55 pm

**FINAL**

STATE OF NORTH CAROLINA v. JARED LEE PUGH



No. COA99-673



(Filed 16 May 2000)



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Witnesses--child--competency to testify

The juvenile court abused its discretion by finding a four-year-old victim incompetent to testify and by thereafter admitting hearsay statements of the victim under the residual hearsay exception of N.C.G.S. § 8C-1, Rule 803(24), because the voir dire was insufficient to allow the juvenile court to determine whether the victim was incapable of expressing herself concerning the matter or incapable of understanding the duty to tell the truth.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Jul 01, 2006 5:01 pm

Date: 12/18/2003

Case Style: In Re: Desarae M., Destiny M. and Britney M.

Case Number: 31432

Judge: Davis

Court: Supreme Court of West Virginia



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Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Jul 01, 2006 5:03 pm

IN THE COURT OF SPECIAL APPEALSOF MARYLANDNo. 465September Term, 1994In Re: Vanessa C.Moylan,
Fischer,
Davis,JJ.Opinion by Fischer, J.Filed: April 6, 1995

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