Legal Opinion

State ex rel. A.R.

Supreme Court of New Jersey

Decided July 11, 2018No. A–67 September Term 2016; 078672PublishedCited by 11 opinions

1Opinion of the CourtJustice Albin

**85In the sexual assault trial of fourteen-year-old Alex, the family court admitted into evidence pursuant to N.J.R.E. 803(c)(27) -the tender-years exception to the hearsay rule-the video-recorded statement that seven-year-old John gave to police, in which he alleged that Alex had sexually touched him on a school bus.1 John, **86who suffers from severe developmental disabilities, who during out-of-court and in-court questioning was unable to distinguish between fantasy and reality, and who was declared incompetent as a witness by the court, was permitted to testify pursuant to the…

2Cases cited18 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. Idaho v. WrightSupreme Court of the United States · 1990
  5. State v. EldersSupreme Court of New Jersey · 2007

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3Cited by11 opinions

  1. IN THE MATTER OF REGISTRANT J.G. IN THE MATTER OF REGISTRANT C.C. (ML-17-13-0023 AND ML-18-04-0057, MONMOUTH AND CAMDEN COUNTIES AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2020
  2. Leander Williams v. New Jersey State Parole BoardSupreme Court of New Jersey · 2023
  3. STATE OF NEW JERSEY IN THE INTEREST OF F.W. (FJ-20-0191-18, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020
  4. STATE OF NEW JERSEY VS. C.M. (16-03-0252, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2021
  5. STATE OF NEW JERSEY VS. GERY F. DESTRA (15-09-1971, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020

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