Monthly Archives: May 2013

GUARDIAN AD LITEM (GAL) REPORTS AND THE FOOL-PROOF HEARSAY TEST (13-08)

QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?

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Pendleton13.08-GAL_Reports-The_Fool-Proof_Hearsay_Test

 

 

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Judicial Sentencing Oversight: Inadvertent Deprivation of Lawful Jail Credit (13-07)

When sentencing a defendant to prison, if the Court: 1) fails to state the number of jail credit days, or 2) the Court states the number of jail credit days but directs the prison to “verify” jail credit, the DOC will determine or verify jail credit by implementing a policy that does NOT allow credit for any time served other than ‘straight time’ (that includes denying jail credit for ‘work release’) even though defendants are lawfully entitled to such credit.

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Pendleton13.07-Judicial_Sentencing_Oversight