Evidence-Wellborn SU2006 Outline

Fre 605 competency of judge as witness judge

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: voir dire, judge determined that Billy was competent to testify Did the court abuse its discretion in permitting the 5 year old to testify? Holding: The transcript of testimony fully supports the action of the trial court in permitting Billy Carol to testify. Judgment is affirmed. Notes: Many states have statutes prescribing procedures for determining competency of child witnesses in criminal cases: o See Texas! Competency of Witness: Dead Man's Statutes FARLEY v. COLLINS [Competency of Witness Dead Man's Statutes] Facts/Procedural Posture: Farley, while driving a motorcycle, collided with an automobile driven by Dann, who was deceased at time of trial Action brought against Collins as administrator of the estate of Dann. Issue: Trial judge permitted Farley to testify as to the movements of his motorcycle and the Dann automobile during the occurrence of the collision. Florida Dead Man's Statute: "no party shall be examined as a witness in regard to any transaction or communication between such witness and a person deceased at the time of such examination." Administrator obje...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online