Monthly Archives: May 2013

GUARDIAN AD LITEM (GAL) REPORTS AND THE FOOL-PROOF HEARSAY TEST (13-08) [OUTDATED SEE NEW VERSION AT 20-01]

Posted on May 30, 2013 | Leave a comment

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?

CLICK ON THE LINK BELOW TO READ MORE [This update is outdated. See new version at 20-01, dated March 31,2020]

Pendleton13.08-GAL_Reports-The_Fool-Proof_Hearsay_Test

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

Posted on May 13, 2013 | Leave a comment

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.

CLICK ON LINK BELOW TO READ MORE

Pendleton13.07-Judicial_Sentencing_Oversight

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Posted in Jail Credit - Inadvertent Deprivation, SENTENCING

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