CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......In General
.........Criminal Case Law
 12 Cards On This Topic:
  • Even assuming D properly objected to DA witness’ competency to testify, no substantial basis for trial court to exclude testimony on that ground.
  • Duty to suspend crim proceedings arises when there is doubt as to D's ••competency•• to stand trial, not when there is merely a doubt as to mental disorder or developmental disability that doesn't implicate such competency.
  • Court had no duty to intervene where D not disqualified as witness under Evid. Code §701, merely "not as alert" after taking medication.
  • Objections to competency of minor witness must be made to trial court; minor competent despite inconsistencies and possible coaching.
  • As no evidence of procedures which would trigger need for a taint hearing re competency, and processes existed to challenge minor V via cross-exam, counsel's conduct not unreasonable under prevailing professional norms.
  • Witness with cerebral palsy, merely difficult to understand, not inherently or automatically incompetent under EC 701.
  • Trial court determines competency of witness to testify; decision not disturbed unless clear abuse of discretion. Court may deny motion to voir dire witness when cross-examination proper.
  • Witnesses are presumed competent. Whether witness perceives accurately and communicates truthfully are questions of credibility for trier of fact to resolve.
  • Incorrect or inconsistent testimony goes to credibility, rather than witness' competency to testify.
  • No error in voir diring W in jury's presence where competency ruling did not signify judicial approval nor hinder defense in attacking credibility.
  • During voir dire to determine competency, improper to inquire into witness' knowledge of courtroom proceedings or knowledge of facts of case. Neither inquiry relates to witness' competency to testify.
  • To qualify, child witness need not fully understand adult oath-only that some punishment will befall if truth not disclosed.


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