Young v. State

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The Supreme Court affirmed the judgment of the district court convicting Defendant of two counts of first degree sexual abuse of a minor and three counts of second degree sexual abuse of a minor, holding that the district court did not err by determining that the minor victim, FH, was competent to testify. On appeal, Defendant argued that the record did not support the district court’s determination that FH had a memory sufficient to retain an independent recollection of the abuse, and therefore, the five-part test adopted in Larsen v. State, 686 P.2d at 585 (Wyo. 1984), to determine a child witness’s competence to testify was not met. The Supreme Court disagreed, holding that the district court conducted the required analysis under Larsen, and the record supported the district court’s conclusion that FH had a sufficient memory to testify. View "Young v. State" on Justia Law