Banks v. Leary
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The Supreme Judicial Court affirmed the judgment of the district court modifying certain provisions of the parties' divorce judgment relating to parental rights and responsibilities, holding that any judicial error was harmless.
On appeal, Appellant argued that the district court erred by admitting into evidence a report submitted by the guardian ad litem (GAL) after the court had excused the GAL from being present during the hearing. Specifically, Appellant argued that he was prevented him from cross-examining the GAL about her report. The Supreme Judicial Court affirmed, holding that, assuming that Appellant was entitled to challenge the admission of the GAL report despite his failure to object, it was highly probable that the admission into evidence of the report did not prejudice Appellant or materially contribute to the court's ultimate determination.
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