tender years hearsay exception (New Jersey) · Go Syfert
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tender years hearsay exception in New Jersey

8 New Jersey opinions name it 2 courts 2005–2021 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Tierneygreen
njsuperctappdiv · 2003 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020When there is no available model instruction, "the better practice is to mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case." State v. Tierney, 356 N.J.

2020When there is no available model instruction, "the better practice is to mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case." State v. Tierney, 356 N.J.

22
State v. DRgreen
nj · 1988 · cited in 4 New Jersey opinions naming this issue, 2005–2019
2 sentences

2017The tender years hearsay exception, N.J.R.E. 803(c)(27), permits hearsay statements from sexually abused children to be admitted in certain circumstances, and where the court finds "that on the basis of the time, content and circumstances of the statement there is a probability that the statement is trustworthy." See State v. D.R., 109 N.J. 348 , 378 (1988); State ex rel A.R., 447 N.J.

2016A. The Genesis of the Tender-Years Exception The tender-years hearsay exception, presently codified at N.J.R.E. 803(c)(27), was crafted by our State Supreme Court in 1988 in D.R., supra, 109 N.J. at 348 .

14
State v. Anthony K. Cole (076255) (Middlesex and Statewide)green
nj · 2017 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021See State v. Cole, 229 N.J. 430, 449 (2017).

11
State of New Jersey in the Interest of A.R.green
njsuperctappdiv · 2016 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017The tender years hearsay exception, N.J.R.E. 803(c)(27), permits hearsay statements from sexually abused children to be admitted in certain circumstances, and where the court finds "that on the basis of the time, content and circumstances of the statement there is a probability that the statement is trustworthy." See State v. D.R., 109 N.J. 348 , 378 (1988); State ex rel A.R., 447 N.J.

11
Chambers v. Stategreen
wyo · 1986 · cited in 1 New Jersey opinions naming this issue, 2008–2008
1 sentence

2008See Young v. State, 645 So.2d 965, 967-68 (Fla.1994); Chambers v. State, 726 P.2d 1269, 1276 (Wyo.1986). 9 Indeed, because this particular videotape contained hearsay testimony admitted pursuant to the tender-years hearsay exception, we think it imperative that the victim's related cross-examination at trial also be read back to the jury.

11
Young v. Stategreen
fla · 1994 · cited in 1 New Jersey opinions naming this issue, 2008–2008
1 sentence

2008See Young v. State, 645 So.2d 965, 967-68 (Fla.1994); Chambers v. State, 726 P.2d 1269, 1276 (Wyo.1986). 9 Indeed, because this particular videotape contained hearsay testimony admitted pursuant to the tender-years hearsay exception, we think it imperative that the victim's related cross-examination at trial also be read back to the jury.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Hampton green
nj · 1972
1 sentence

2021I 2 State v. Hampton, 61 N.J. 250 (1972); State v. Kociolek, 23 N.J. 400 (1957).

12021–2021
State v. Kociolek green
nj · 1957
1 sentence

2021I 2 State v. Hampton, 61 N.J. 250 (1972); State v. Kociolek, 23 N.J. 400 (1957).

12021–2021

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:14-2 (5) NJ § N.J. Stat. § 2C:24-4 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 8 (2005–2021) PA 7 (2006–2024) MS 3 (1992–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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