January 23, 2003, 15:03
m skotnikCPS testify "reason to believe"
a few months ago i could swear i saw a case in the digest saying a CPS investigator could testify they found "reason to believe" on a case; now i can'f find it. does anyone know what i'm talking about, the case, used it, etc? thanks.
January 23, 2003, 15:40
Tim ColeIf there is such a case it would surprise me. I think CPS could testify as to factual matters they discovered, assuming the facts are admissible under Rules of Evidence, but the reason to believe standard is essentially their opinion as to the weight of an allegation, which is a lower standard than in a criminal case and unproved in court, to boot. I would never rule out anything but don't see how this is admissible standing alone.
January 23, 2003, 17:40
Martin PetersonThat may have been the holding in
Johnson,970 S.W.2d at 720, but I note
Johnson has not been cited by any other court, particularly recently. I would agree that one is on treacherous ground trying to make use of that type of evidence.