Monthly Archives August 2019

ADMISSIBILITY OF AN OUT OF COURT STATEMENT IN TRIAL: HEARSAY EXCEPTIONS

In both criminal trials as well as the civil cases often the outcome hinges on a witness statement that is hearsay (out of court statement) but admissible under one of the exceptions. The Court of Appeals in Sims v. U.S., decided on August 15, 2019, expanded and explained in details the admissibility of the “present sense impression” exception to the hearsay rule. Sims was convicted of murder at trial and a significant corroborating evidence was introduced through the present sense impression statement/exception to the hearsay rule. One of witnesses at trial testified that he arrived to the scene shortly after
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LEGAL ELEMENTS FOR CHILD’S NAME CHANGE PETITION AFTER DC DIVORCE

The Court of Appeals in Melbourne v. Taylor[1], analyzed and opined on the legal standard for a parent to change the child’s name after separation and divorce. The general legal standard for a name change petition by either parents after separation or divorce is the best interests of the child criteria as listed in defined in the legal custody statute § 16-831: The child’s need for continuity of care and caretakers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; The
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