In re-examining a finding that a probation officer's social study report prejudiced a hearing, how have the courts interpreted the social studies reports?

California, United States of America


The following excerpt is from Joseph G., In re, 7 Cal.App.3d 695, 87 Cal.Rptr. 25 (Cal. App. 1970):

Appellants assert in their brief that the trial court erred in reading the probation officer's social study reports (In re R., 1 Cal.3d 855, 83 Cal.Rptr. 671, 464 P.2d 127) prior to the jurisdictional hearing. At oral argument counsel stated he had learned that this was a mistaken [7 Cal.App.3d 700] assumption, that the court read only the jurisdictional report before the hearing. Even so, argue appellants, error resulted because the jurisdictional reports contained hearsay and opinion material in violation of their sixth amendment constitutional right of confrontation, as articulated in Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923.

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