Wednesday, May 19, 2010

Author in a reported Appellate Division decision

Recently, one of my appellate briefs in a DYFS appeal has been published almost immediately after the decision was rendered.  You can find the opinion at the following site. http://www.leagle.com/unsecure/page.htm?shortname=innjco20100429239#js-CommentsAnchor

This decision was important because, while it would have appeared to be a routine case concerning the termination of parental rights the Appellate Division was very concerned about how a certain medical expert's opinion got introduced as a DYFS "business record" without allowing the parents' attorneys or experts the opportunity to review such evidence before trial.  This report was introduced in the middle of trial and nobody had a chance to review it.  DYFS often gets away with many opportunities to get medical and other records introduced in their cases without having to produce live witnesses available for cross-examination under the statute that permits them to introduce records of Division consultants and experts.  This decision puts the Division on notice that they may have to justify more precisely when records should come in without a supporting doctor, nurse or other expert.

No comments: