· 1/7/2015
Vázquez v. Surillo-Ruiz
Citations
- 76 F. Supp. 3d 381
- 2015 WL 82528
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Appellate Division’s unilateral adoption of new evidence rule inappropriate given “serious and far-reaching nature of the rule”
- observing that “young children ... do not necessarily regard a sexual encounter as shocking or unpleasant, and frequently relate such incidents to a parent or relative in a matter-of-fact manner”
- refusing to adopt by judicial decision a rule providing for the admissible out-of-court statements by juvenile victims of sexual abuse
- listing a number of reasons why a child's in-court testimony may be less reliable than a prior testimonial statement
- explaining the holding in Miller precludes the Court from merging convictions of child endangering, N.J.S.A. 2C:24-4(a), aggravated sexual assault, N.J.S.A. 2C:14-2(a), and sexual assault, N.J.S.A. 2C:14-2(b)
- N.J. did not have the residual \catchall\ exceptions such as I.R.E. 803(24) and 804(b)(5
Source: CourtListener parenthetical corpus (CC0).
Judges: Dominguez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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