Access to psychological report during trial

[microbes]

What is the name of your state (only U.S. law)? IL

Is it acceptable for the prosecution to review a court ordered psychological report of the defendant during trial? The ex-wife was ordered by the judge to get a psychological evaluation which came in during the final custody trials. The judge refused to proceed without it actually so we waited for the diagnostic center to have it faxed into the court room. It was then reviewed by the judge, the GAL, my attorney and myself (briefly on my part).

Being that it was presented as evidence in the trial, was it a violation that myself and my attorney was able to view it as allowed by the judge during trial?

The ex-wife filed an appeal which states her psychological evaluation is an impounded record therefore it was a violation of her rights that myself and my attorney were able to review it during trial. I thought any evidences critical to a trial is grounds for review by the opposing party. Please correct me if I am mistaken.

Thank You.

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL

Is it acceptable for the prosecution to review a court ordered psychological report of the defendant during trial? The ex-wife was ordered by the judge to get a psychological evaluation which came in during the final custody trials. The judge refused to proceed without it actually so we waited for the diagnostic center to have it faxed into the court room. It was then reviewed by the judge, the GAL, my attorney and myself (briefly on my part).

Being that it was presented as evidence in the trial, was it a violation that myself and my attorney was able to view it as allowed by the judge during trial?

The ex-wife filed an appeal which states her psychological evaluation is an impounded record therefore it was a violation of her rights that myself and my attorney were able to review it during trial. I thought any evidences critical to a trial is grounds for review by the opposing party. Please correct me if I am mistaken.

Thank You.

There are very few (if any) circumstances where the judge would consider evidence that both parties would not have access to.

If she had a leg to stand on, she should have objected at the time.

 

[microbes]

There are very few (if any) circumstances where the judge would consider evidence that both parties would not have access to.

If she had a leg to stand on, she should have objected at the time.

Thanx.

I believe my attorney asked the judge to see the report which he was obviously granted and he passed it to me to briefly review... my attorney being granted by the judge permission also meant I had permission isn't that right? unless of course being specifically ordered that my attorney not show me the evidence.

 

[Isis1]

Thanx.

I believe my attorney asked the judge to see the report which he was obviously granted and he passed it to me to briefly review... my attorney being granted by the judge permission also meant I had permission isn't that right? unless of course being specifically ordered that my attorney not show me the evidence.

btw, if this is just a custodial matter and not a criminal matter, it's not the "prosecution". it's the plaintiff, or the respondent. just an FYI.

 

[mistoffolees]

Thanx.

I believe my attorney asked the judge to see the report which he was obviously granted and he passed it to me to briefly review... my attorney being granted by the judge permission also meant I had permission isn't that right? unless of course being specifically ordered that my attorney not show me the evidence.

Generally, yes. If the judge allowed your attorney to see it, your attorney is free to share it with you unless there is a specific order stating otherwise.

 

[Ohiogal]

Thanx.

I believe my attorney asked the judge to see the report which he was obviously granted and he passed it to me to briefly review... my attorney being granted by the judge permission also meant I had permission isn't that right? unless of course being specifically ordered that my attorney not show me the evidence.

NOt necessarily. Your attorney may have been granted permission to see it in camera. If the report is NOT part of the court's official file and part of the confidential file then you may find it was improper for you to have access.

It may rise to plain error quite frankly which means it did not have to be objected to in order to be appealed upon.