Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY Juvenile Court of Ohio, Cuyahoga County. 145 N.E.2d 162 (1957) Case Brief
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY Historical note: In the 1940s, the great silent film actor Charlie Chaplin was sued by Joan Berry over paternity of her daughter, Carol Ann Berry. Chaplin agreed to pay support for the child if blood tests indicated he could be the father. To the contrary, the blood tests indicated he could not have been the father. The court refused to take judicial notice of the blood tests as conclusive and sent the case to the jury, which concluded that Charlie was the father. Although judicial notice is usually reserved for matters of common knowledge, the question arises as to whether the court should take fact-finding away from the jury when scientific certainty compels a factual conclusion.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY PURPOSE: An example of judicial notice.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY CAUSE OF ACTION: Bastardy [Note that bastardy proceedings are “quasi-criminal” proceedings that are used to establish paternity for related civil suits. The court uses preponderance of the evidence rather than guilt beyond a reasonable doubt.]
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY FACTS: Unmarried man and woman had intimate relations. The woman, Steiger, alleges her daughter is child of defendant Gray.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY ISSUE: Whether the court may take judicial notice of blood tests as proving nonpaternity (and dismiss case).
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY HOLDING: Yes. A qualified expert witness testified that one of the several blood tests proved that Gray could not be the father and the case is dismissed.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY REASONING: “....This court further believes that the near unanimity of medical and legal authorities on the question of the reliability of blood grouping tests as an indicator of the truth in questioned paternity cases justifies the taking of judicial notice of the general recognition of the accuracy and value of [such] tests... The law does not hesitate to adopt scientific aids to the discovery of the truth which have achieved such recognition.”