Legal Opinion
State v. Capone
New Jersey Superior Court Appellate Division
Decided February 20, 1987PublishedCited by 2 opinions
1Opinion of the Court
The opinion of the court was delivered by
PETRELLA, P.J.A.D.
The Union County Prosecutor appeals by leave granted from a March 26,1986 order entered by the trial judge which permits defendant Vincent Capone, who was charged with aggravated sexual assault, to introduce at trial the results of an unstipulated polygraph examination, and requires the five year old victim to submit to a psychiatric examination before being allowed to testify as a witness.
We deal first with the judge’s ruling requiring the victim to submit to a psychiatric examination, without any hearing or showing of necessity.…
2Cases cited36 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Fahy v. ConnecticutSupreme Court of the United States · 1963
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3Cited by2 opinions
- State v. ReyesNew Jersey Superior Court Appellate Division · 1989
- State v. DomiczNew Jersey Superior Court Appellate Division · 2005