Questione giuridica chiave
Whether the cantonal appellate court violated the right to be heard by failing to address the new psychiatric expert report filed on 18 December 2002.
Decisione estratta
Yes. The appellate court gave no reasons showing whether it considered or rejected the report, so the appellant could not know the basis of the decision.
Motivazione estratta
Article 29(2) requires at least brief reasons sufficient to understand and challenge the decision. Here the report was in the file and was not mentioned at all, leaving it unclear whether it was ignored or disregarded.