STATE of New Jersey IN the INTEREST OF A.R., a Minor.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 17, 2016.
Decided November 9, 2016.
Attorney(s) appearing for the Case
Alison Perrone , Designated Counsel, argued the cause for appellant A.R. ( Joseph E. Krakora , Public Defender, attorney; Ms. Perrone, on the brief).
Jennifer J. Pinales , Assistant Prosecutor, argued the cause for respondent State of New Jersey ( Esther Suarez , Hudson County Prosecutor, attorney; Ms. Pinales, on the brief).
Frank Muroski , Deputy Attorney General, argued the cause for amicus curiae State of New Jersey Attorney General ( Christopher S. Porrino , Attorney General, attorney; Ian C. Kennedy , Special Deputy Attorney General/Acting Assistant Bergen County Prosecutor, of counsel and on the brief).
Lawrence S. Lustberg argued the cause for amicus curiae John J. Gibbons Fellowship in Public Interest and Constitutional Law at Gibbons P.C. (Gibbons P.C., attorneys; Mr. Lustberg and Jake F. Goodman , on the brief).
Before Judges Sabatino, Haas and Currier.
The opinion of the court was delivered by
SABATINO, P.J.A.D.
This appeal concerns the continued validity of what can be termed the "incompetency proviso" within the tender-years hearsay exception, N.J.R.E. 803(c)(27). The exception, which was enacted in 1989 in accordance with the Supreme...
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