Call Now For Help

732.580.1237

New Jersey Trial Court Erred in Admitting Testimony of Nurse

13
Jan
2010

by in Criminal Appeals, Criminal Defense

In this recent New Jersey criminal case successfully appealed, the appeals court found that the trial judge erred by admitting a nurse’s testimony into evidence where that testimony contained inadmissible hearsay, expert testimony, and other improprieties.

State v. K.E., unpublished opinion, App. Div. Docket No. A-4422-07T4 (December 22, 2009) – Convictions reversed. “We first address defendant’s contention that the testimony of Treston [a nurse-practitioner who examined the victim at the State’s request] contained inadmissible, prejudicial evidence.

[W]e agree, concluding that Treston’s testimony was replete with inadmissible hearsay statements, expert testimony, and other-crimes evidence which unfairly prejudiced defendant…. Treston was allowed to provide expert testimony harmful to the defendant, although she was not qualified by the court as an expert witness.

Treston expressed her opinion, based on her observations of E.A. and her years of experience, that E.A. had been ‘battered [and] beaten down.’… Treston was not proffered by the State as an expert witness, she was not qualified by the court as an expert witness, and the court did not give the jury the standard charge on expert witness testimony….

In her expert opinion and at other points in her testimony, Treston expressed her opinion that E.A. has sustained multiple anal assaults…. In addition to the hearsay and expert testimony problems noted above, this testimony also constituted other-crimes evidence under N.J.R.E. 404(b)….

If the jury was doubtful whether or not to believe E.A., the testimony of Treston that repeated and augmented E.A.’s testimony, that tended to bolster the credibility of E.A., and that denigrated defendant with inadmissible other-crimes evidence, had the grave potential to impermissibly influence the jury resulting in a miscarriage of justice.” (Jeffrey C. Zucker; Jack L. Weinberg, on the brief)

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.