This decision comes from a case involving a juvenile delinquent, but
contains a lot of interesting material about the inadmissibility of hearsay in
juvenile court. Since this decision relies on both CA and US Supreme Court
decisions, it is definitely worth a look if your CPS case was based in any way
on hearsay introduced by social welfare workers in the courtroom.
In re Kentron D. (9-12-2002) - a NEW decision...
Just a short excerpt from the case:
The United States Supreme Court has "reaffirmed the principle that the
opportunity of the accused to observe an adverse witness, while that witness
testifies, is a significant aspect of the right of confrontation that may not be
dispensed with lightly." (Arreola, supra, 7 Cal.4th at p. 1158.) As the
Arreola court pointed out, in Coy v. Iowa (1988) 487 U.S. 1012, 1019-1020, the
high court stated, "'[T]he right to face-to-face confrontation serves much
the same purpose as a less explicit component of the Confrontation Clause that
we have had more frequent occasion to discuss -- the right to cross-examine the
accuser; both "ensur[e] the integrity of the factfinding process."
[Citation.] The State can hardly gainsay the profound effect upon a witness of
standing in the presence of the person the witness accuses . . . .'" (Arreola,
at p. 1158.)The United States Supreme Court has "reaffirmed the principle
that the opportunity of the accused to observe an adverse witness, while that
witness testifies, is a significant aspect of the right of confrontation that
may not be dispensed with lightly." (Arreola, supra, 7 Cal.4th at p. 1158.)
As the Arreola court pointed out, in Coy v. Iowa (1988) 487 U.S. 1012,
1019-1020, the high court stated, "'[T]he right to face-to-face
confrontation serves much the same purpose as a less explicit component of the
Confrontation Clause that we have had more frequent occasion to discuss -- the
right to cross-examine the accuser; both "ensur[e] the integrity of the
factfinding process." [Citation.] The State can hardly gainsay the profound
effect upon a witness of standing in the presence of the person the witness
accuses . . . .'" (Arreola, at p. 1158.)
Linda Martin
Fight CPS And Win
http://www.fightcps.com