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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.
 
Posts: 2 | Location: Bonham, TX USA | Registered: September 11, 2002Reply With QuoteReport This Post
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If 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.
 
Posts: 283 | Location: Montague, Texas, USA | Registered: January 26, 2001Reply With QuoteReport This Post
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That 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.
 
Posts: 2347 | Registered: February 07, 2001Reply With QuoteReport This Post
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