Opinion

Smith v. United States

  • 414 A.2d 1189
  • 1980 D.C. App. LEXIS 290
Court
District of Columbia Court of Appeals
Filed
Apr 30, 1980
Status
Published
Author
Kern
On the bench
Newman, Chief Judge, and Kern and Ferren, Associate Judges
Cited by
19 cases
Authority
More cited than 7.4%

noting that “the trial court’s decision as to competency will be sustained even when it proceeds without a voir dire where the transcript reveals intelligible comprehension [by the witness] in terms of answering the questions that were asked” (internal quotation marks omitted) (alteration in original)

How later courts described this case

  • noting that “the trial court’s decision as to competency will be sustained even when it proceeds without a voir dire where the transcript reveals intelligible comprehension [by the witness] in terms of answering the questions that were asked” (internal quotation marks omitted) (alteration in original)
  • “14-month delay could easily have worked to appellant’s advantage by causing the child’s memory to fade”
  • eight-year-old girl found competent to testify about a murder that occurred when she was only three and a half
  • eight-year-old girl found competent to testify about a murder that occurred when she was three and a half

Written by the judges who cited it.

The opinion

KERN, Associate Judge,

concurring:

While I agree that the trial court erred in refusing to permit defense counsel during voir dire to question Latita Simms on her ability to recall events, I do not agree that its error deprived appellant of his Fifth Amendment right to due process in light of the opportunity afforded defense counsel at trial to examine the witness’ competency and the trial court’s determination again at this point that she was competent.

It is obvious that the court, by permitting one counsel but not the other to propound questions at the voir dire of the witness, erroneously exercised the discretion it has in the method of examining witnesses to determine their competency. However, as the court’s opinion convincingly demonstrates, the trial court’s error in the exercise of its discretion was not so severe as to require reversal. See Johnson v. United States, D.C.App., 398 A.2d 354, 366 (1979).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.