In Re Dinson

The proceeding was initiated by a petition of the county prosecutor which alleged the commission of several acts by Appellant prior to his eighteenth birthday which would constitute felonies if committed by an adult. The family court conducted its waiver proceedings in two separate sessions. At the first session, the court heard the testimony of a psychologist, and received his report into evidence. Appellant stipulated as to the qualifications of the psychologist, and to the competency of the material contained in his report. The court also heard testimony of a probation officer but Appellant objected to the admission of the report that she had prepared to assist the court in making the "full investigation" required by statute, on the grounds that the report, while not itself inadmissible as hearsay, nevertheless contained matter that was hearsay and therefore deprived appellant of his right to due process and confrontation of witnesses against him. The court continued the proceedings and directed its social staff to prepare a supplemental report, especially in reference to Appellant's job situation and place of residence, which had been brought into question in cross-examination, as well as Appellant's likely future danger to the community.