How have courts reviewed a report submitted by an independent evaluator prior to trial?

California, United States of America


The following excerpt is from Juan E. v. Johnny L., F061729, Super. Ct. No. AD000052 (Cal. App. 2011):

Father relies on Neumann v. Melgar, supra, 121 Cal.App.4th 152. In that case, an evaluator's report was filed prior to trial, but "[n]either party requested that the report be admitted into evidence or considered by the court." (Id. at p. 168.) At a hearing on the father's motion for a new trial, "the court initially believed it had reviewed the evaluator's report, but noted the record did not reflect such a review, and [the court] was willing to defer to the record. The court also recalled the report was outdated, although counsel for both parties agreed it was not." (Id. at pp. 168-169.) Based on these circumstances, the appellate court concluded that the trial court had not reviewed the evaluator's report. (Id. at p. 169.)

Other Questions


On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court? (California, United States of America)
When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)
In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)
Does a review court need to consider arguments not advanced in the trial, not in the opinion of the Review Court? (California, United States of America)
Does the Attorney General object to a request by Elwood and Hutton for an independent review of sealed records the trial court reviewed in camera at an in camera hearing? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.