CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Incompetent at Prelim Exam
3 Cards On This Topic:

Hearsay provisions of PC 872 (b) do not require child molest victim be qualified to testify at prelim. hearing in order for M's hearsay declarations to be admissible.

Error to admit prelim testimony of W found incompetent to testify at trial; Evid. Code §701 objection not waived where prelim record shows W obviously incompetent at the former hearing.

Admissibility of M's statements re abuse admitted under child dependency hearsay exception does not require finding of competency at time statements made.