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The desired end of the article 10 proceeding is to ensure the expeditious protection of the child's welfare, not to secure a conviction against the defendant as held in People v Roselle. [read post]

New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer24-7blog.com/

DV defendant’s testimony may not be used as affirmative evidence in a related criminal prosecution; however, if a defendant chooses to testify, he or she would be subject to cross-examination to the same extent as the DV complainant

5 Aug 2012, 12:21 pm by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The subject matter of some reports – e.g., psychological evaluations and a bonding evaluation – entailed the exercise of subjective judgment rather than a straightforward, simple diagnosis based upon objective criteria or one upon which reasonable profess

27 Jul 2012, 9:47 am by PaulKostro

Div. 1975) (citing McCormick, Evidence (2 ed. 1972), § 313 at 732), certif. denied, 69 N.J. 445 (1976); compare Liptak v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c

17 May 2012, 5:38 am by PaulKostro

Law Lessons from Konop v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

When some allegations are later proved unfounded, a complaint is not rendered frivolous if it also contains non-frivolous claims

23 Mar 2012, 7:24 am by PaulKostro

V. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Distinguishing between the ordinary disputes, disagreements, and irritations common in a domestic relationship, and those actions that cross the line into domestic violence

19 Nov 2011, 7:40 am by PaulKostro

J.D. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Sanctions for frivolous litigation

17 Jun 2011, 10:34 am by PaulKostro

LUSTIG v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The common law doctrine of res gestae

13 Jun 2011, 12:20 pm by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A statement made by a person unavailable as a witness because of death is excluded from the hearsay rule in a civil proceeding if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating it is trustworthy

26 May 2011, 3:20 am by PaulKostro

Ayala v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

To be admissible under the state of mind exception to the hearsay rule, the declarant’s state of mind must be in issue

21 Mar 2011, 1:27 pm by PaulKostro

Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues