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In re Civil Commitment of J.A.D.

July 6, 2007

IN THE MATTER OF THE CIVIL COMMITMENT OF J.A.D., SVP-340-03


On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Essex County, SVP-340-03.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: November 14, 2006

Before Judges Kestin and Lihotz.

J.A.D. appeals from an initial order of commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (SVPA or the Act. The trial court found him to be a sexually violent predator as defined by the Act and committed him to the Special Treatment Unit (STU). J.A.D. raises the following issues:

POINT I

THE TERMS AND IMPLEMENTATION OF NEW JERSEY'S SVPA DENIED APPELLANT'S RIGHTS TO SUBSTANTIVE AND PROCEDURAL DUE PROCESS, AS WELL AS CONFRONTATION (U.S. CONST. AMEND. VI, XIV; N.J. CONST. ART. 1, PAR. 1)

A) THE ABSENCE OF THE RIGHT TO TRIAL BY JURY AND BURDEN OF PROOF BEYOND A REASONABLE DOUBT IN OUR SVPA CANNOT WITHSTAND CONSTITUTIONAL SCRUTINY DUE TO THE STATUTE'S CONTENTS AND IMPLEMENTATION. (NOT RAISED BELOW)

B) THE HEARING COURT'S FAILURE TO REQUIRE COMPLIANCE WITH THE STATUTORY REQUIREMENTS OF A PRIMA FACIE CASE CONSTITUTED AN IMPERMISSIBLE DENIAL OF DUE PROCESS. (NOT RAISED BELOW)

C) APPELLANT'S COMMITMENT DID NOT COMPLY WITH THE REQUIREMENTS OF KANSAS v. CRANE AND WAS NOT BASED ON CLEAR AND CONVINCING EVIDENCE. (NOT RAISED BELOW)

D) THE HEARING COURT ERRED IN PERMITTING INADMISSIBLE HEARSAY INTO EVIDENCE AND RELYING ON IT IN REACHING ITS DECISION U.S. CONST. AMEND. VI, XIV; N.J. CONST. ART. 1, PAR. 1. (NOT RAISED BELOW)

1. THE ADMISSION INTO EVIDENCE OF A POLICE REPORTS PRE-SENTENCE REPORTS [SIC] AND PSYCHIATRIC/PSYCHOLOGICAL REPORTS CONTAINING PRIMARY AND/OR DERIVATIVE TESTIMONIAL HEARSAY VIOLATED APPELLANT'S RIGHTS TO CONFRONTATION AND/OR DUE PROCESS BECAUSE THE AUTHORS/ORATORS OF THE STATEMENTS THEREIN WERE NOT SUBJECTED TO CROSS-EXAMINATION.

2. THE ADMISSION INTO EVIDENCE OF AN ARREST REPORT, VICTIM AND WITNESS STATEMENTS, PRE-SENTENCE REPORTS AND PSYCHIATRIC/PSYCHOLOGICAL EVALUATIONS BASED ON THE STATE'S EXPERTS' USE THEREOF WAS ERROR AS SUCH EVIDENCE IS NOT PERMITTED UNDER THE BUSINESS RECORD EXCEPTION TO THE RULE THAT HEARSAY IS INADMISSIBLE AND THE ...


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