In re D.W.

For several reasons, which I list below, I have found resolution of this appeal considerably more difficult than my colleagues have. In light of all the points that I discuss below, and with all due deference, I find myself unable to join in affirming the judgment of the trial court.

1. As Judge Schwelb’s opinion recounts, during the government’s case in chief, Donald Berry1 testified, “I have not took [sic] a blood test, so I’m not positive that I’m the father, but, yes, I’m considered the father” of both D.W. and D.S. Perhaps on a different record, Mr. Berry’s testimony could be read to mean…