Evidence-Wellborn SU2006 Outline

Notes courts texas and florida both conclude that

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Unformatted text preview: t go to the jury, a witness wholly without capacity is difficult to imagine (Wellborn says this philosophy is WRONG! Many people (old and young) are not capable of conveying information). o Texas rule we simply incorporated language from previous statutes that declared the common law on competency of mentally impaired and children. NOTE, TX DIFFERS FROM FEDERAL RULE WITH RESPECT TO COMPETENCY OF WITNESSES!! CHECK THIS OUT! CAPPS v. COMMONWEALTH [Competency Competency of Child Witness State statutes] Facts: Issue: Billy, 5 year old prsoecutrix, testified in front of the court. Trial judge permitted a voir dire of Billy and her social worker to determine the competency of the child. o Kentucky: When the competency of an infant to testify is properly raised it is then the duty of the trial court to carefully examine the witness to ascertain whether she is sufficiently intelligent to observe, recollect and narrate the facts and has a moral sense of obligation to tell the truth. Based on the...
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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.

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