Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A child who is too young to testify against her alleged abuser may speak through her mother, under an unusual application of an exception to the hearsay rule. A judge in upstate New York has ruled that the mother of a 3-year-old girl can testify about what the child told her in complaining that the mother's boyfriend had fondled her. The child had awakened her mother to tell her of the assault. People v. Potter, Ind. #164-02, N.Y. County Court, Ulster County, Sept. 29, 2003.
In denying the defense motion to preclude the mother's testimony, Judge Frank J. LaBuda held the child's statements were admissible under the “prompt outcry” exception to the hearsay rule. Under New York State law, “evidence that a victim of sexual assault promptly complained about the incident is admissible to corroborate the allegation that an assault took place.” He relied on two earlier state court decisions to conclude that the little girl's words came within the exception: People v. McDaniel, 81 N.Y.2d 10 (1993) and People v. Rice, 75 N.Y. 2d 929 (1990). Under McDaniel, the words were clearly uttered right after the alleged abuse took place. Under Rice, however, the mother's testimony was limited to the facts of the complaint without any of the details. The defense is arguing that a broader issue may arise at trial: whether a parent can testify to the hearsay of a child who is not herself competent to testify. For the moment, though, the judge kept the ruling narrow by allowing the testimony only for the purpose of establishing that the girl made a prompt outcry.
A child who is too young to testify against her alleged abuser may speak through her mother, under an unusual application of an exception to the hearsay rule. A judge in upstate
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.