Legal Opinion · Dissent

In re David W.

Connecticut Appellate Court

Decided April 6, 1999No. AC 17313; AC 17564Published

1DissentSchaller, J.

The majority holds that the trial court improperly refused to strike the testimony of David Mantell, the court-appointed expert witness, in its entirety because, after fulfilling his appointment as a court-appointed expert in this case for nearly two years, he had an ex parte communication with the department of children and families (department) and *591accepted an assignment to evaluate the child for the department. The majority reverses the judgment and remands the case for a new trial.1 The respondent mother, who was separately represented and has also appealed, did not join in moving to…

2Cases cited5 opinions

  1. Rios v. Enterprise Ass'n Steamfitters, Local No. 638Supreme Court of the United States · 1977
  2. United States v. Harry William TheriaultCourt of Appeals for the Fifth Circuit · 1971
  3. United States v. Michael Stanley Green A/K/A M. S. Greene, and Lulseged Tesfa A/K/A H. Teffa. Appeal of Lulseged TesfaCourt of Appeals for the Third Circuit · 1976
  4. United States v. Michael L. PoganyCourt of Appeals for the Third Circuit · 1972
  5. DeSalle v. AppelbergConnecticut Appellate Court · 1997

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