Johnson v. District of Columbia

District of Columbia Court of Appeals

Johnson v. District of Columbia

271 A.2d 563, 1970 D.C. App. LEXIS 368

District of Columbia Court of Appeals·Decided December 7, 1970·No. 5240·Published·Cited by 11 cases

Opinions

PER CURIAM:

This is an appeal from a judgment rendered in a paternity proceeding in the Juvenile Court.

Appellant, the alleged father of an illegitimate child, first contends that the court erred in denying his pre-trial motion to take complainant’s deposition. We have [564]*564ruled that such procedures are not available in paternity proceedings. In re Ketcham, D.C.App., No. 2716 Original (unreported order, June 26, 1964). We are not now persuaded to question that ruling. Under the District of Columbia Court Reform and Criminal Procedure Act of 1970, Pub.L. No. 91-358, § 111 (§ 11-946), 84 Stat. 473, 487, discovery proceedings may be available to the parties in paternity proceedings after February 1, 1971.

Additionally, appellant argues that the court mistakenly applied the preponderance of the evidence standard of proof where it should have called for proof beyond a reasonable doubt. Recognizing that in District of Columbia v. Turner, D.C.Mun.App., 154 A.2d 925 (1959), we held that the reasonable doubt standard was not applicable to paternity proceedings, the appellant urges that In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), overturns our decision. We disagree.

In both Winship and In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), the Court was concerned with juvenile proceedings which were essentially criminal in nature. Despite the fact that paternity proceedings are conducted in Juvenile Court and have some of the procedural trappings of the criminal process,

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PER CURIAM:

This is an appeal from a judgment rendered in a paternity proceeding in the Juvenile Court.

Appellant, the alleged father of an illegitimate child, first contends that the court erred in denying his pre-trial motion to take complainant’s deposition. We have [564]*564ruled that such procedures are not available in paternity proceedings. In re Ketcham, D.C.App., No. 2716 Original (unreported order, June 26, 1964). We are not now persuaded to question that ruling. Under the District of Columbia Court Reform and Criminal Procedure Act of 1970, Pub.L. No. 91-358, § 111 (§ 11-946), 84 Stat. 473, 487, discovery proceedings may be available to the parties in paternity proceedings after February 1, 1971.

Additionally, appellant argues that the court mistakenly applied the preponderance of the evidence standard of proof where it should have called for proof beyond a reasonable doubt. Recognizing that in District of Columbia v. Turner, D.C.Mun.App., 154 A.2d 925 (1959), we held that the reasonable doubt standard was not applicable to paternity proceedings, the appellant urges that In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), overturns our decision. We disagree.

In both Winship and In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), the Court was concerned with juvenile proceedings which were essentially criminal in nature. Despite the fact that paternity proceedings are conducted in Juvenile Court and have some of the procedural trappings of the criminal process,

Johnson v. District of Columbia, 271 A.2d 563, 1970 D.C. App. LEXIS 368 (D.C. 1970).

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