In the Matter of L---- F---- F

28 Cited authorities

Shanks v. State
185 Md. 437 (Md. 1945) Cited 44 times
In Shanks v. State, 185 Md. 437, 45 A.2d 85 (1945), evidence that the blood type of a rape victim was the same as that of stains on the defendant's coat, viz., Type O, was admitted by the trial court, in spite of testimony that 45 percent of the population has Type O blood.
State, ex Rel. v. Clark
144 Ohio St. 305 (Ohio 1944) Cited 39 times
No. 30033 Decided December 27, 1944. Bastardy — Unmarried and pregnant woman may institute proceedings — Although child conceived during existence of lawful marriage — Section 12110, General Code — Child presumed legitimate, when — Presumption may be rebutted by clear and convincing evidence, when — Blood-grouping test — Expert may testify that findings and result of test excluded paternity — Such testimony not conclusive as to nonpaternity — Plaintiff to prove nonpaternity of former husband by clear
Jordan v. Mace
144 Me. 351 (Me. 1949) Cited 25 times
In Jordan v. Mace, 69 A.2d 670 (1940), the Supreme Judicial Court of Maine, recognizing the worth of the tests, held that where exclusion of parentage was shown by competently given tests, the evidence was conclusive.
Ly Shew v. Acheson
110 F. Supp. 50 (N.D. Cal. 1953) Cited 18 times
In Ly Shew v. Acheson, D.C., 110 F. Supp. 50, the trial court held that the burden upon such a claimant was heavier than the regular burden.
Commissioner of Welfare of N.Y. v. Costonie
277 AD 90 (N.Y. App. Div. 1950) Cited 17 times
In Commissioner of Welfare of City of N.Y. v Costonie (277 App. Div. 90), the Appellate Division reversed a finding of paternity, and remanded for a new trial based on the failure of the trial court to give conclusive weight to the results of a BGT which excluded paternity.
Clark v. Rysedorph
281 AD 121 (N.Y. App. Div. 1952) Cited 14 times
In Clark v. Rysedorph (281 App. Div. 121), the Third Department, in December, 1952, dealt with this subject in a paternity proceeding.
State v. Damm
62 S.D. 123 (S.D. 1933) Cited 36 times
Applying the abuse of discretion standard during the review of a trial courts decision to clear spectators from the courtroom during the testimony of a 13-year-old victim of second degree rape
Saks v. Saks
189 Misc. 667 (N.Y. Dom. Rel. Ct. 1947) Cited 19 times
July 18, 1947. Herman Brothers for petitioner. Edward V. Whiting for respondent. PANKEN, J. The problem presented in this proceeding is the determination of the paternity of the child, Karl Bernard. The testimony reveals that the parties were married on or about February 21, 1943. The child, Karl Bernard, was born to the petitioner on or about May 6, 1943, some ten or eleven weeks after the marriage ceremony. A child born in wedlock, whether it was conceived before or after the marriage ceremony
Williams v. State
143 Fla. 826 (Fla. 1940) Cited 25 times
Holding blood type evidence admissible because “[a]ny evidence tending to identify defendant as the guilty person, and show his presence at the scene of the crime, is relevant and competent”
Kwartler v. Kwartler
291 N.Y. 689 (N.Y. 1943) Cited 20 times
In Kwartler v. Kwartler (291 N.Y. 689) the court certified an answer that the Supreme Court has the power to direct a blood-grouping test under section 306-a of the Civil Practice Act.
Rule 35 - Physical and Mental Examinations
Fed. R. Civ. P. 35 Cited 2,442 times 6 Legal Analyses
Providing no cost-shifting mechanisms

In the Matter of L---- F---- F

28 Cited authorities

In Shanks v. State, 185 Md. 437, 45 A.2d 85 (1945), evidence that the blood type of a rape victim was the same as that of stains on the defendant's coat, viz., Type O, was admitted by the trial court, in spite of testimony that 45 percent of the population has Type O blood.

In Jordan v. Mace, 69 A.2d 670 (1940), the Supreme Judicial Court of Maine, recognizing the worth of the tests, held that where exclusion of parentage was shown by competently given tests, the evidence was conclusive.

In Ly Shew v. Acheson, D.C., 110 F. Supp. 50, the trial court held that the burden upon such a claimant was heavier than the regular burden.

In Commissioner of Welfare of City of N.Y. v Costonie (277 App. Div. 90), the Appellate Division reversed a finding of paternity, and remanded for a new trial based on the failure of the trial court to give conclusive weight to the results of a BGT which excluded paternity.

In Clark v. Rysedorph (281 App. Div. 121), the Third Department, in December, 1952, dealt with this subject in a paternity proceeding.

Applying the abuse of discretion standard during the review of a trial courts decision to clear spectators from the courtroom during the testimony of a 13-year-old victim of second degree rape

Holding blood type evidence admissible because “[a]ny evidence tending to identify defendant as the guilty person, and show his presence at the scene of the crime, is relevant and competent”

In Kwartler v. Kwartler (291 N.Y. 689) the court certified an answer that the Supreme Court has the power to direct a blood-grouping test under section 306-a of the Civil Practice Act.

Providing no cost-shifting mechanisms