No. 19-6180

Dannie Joe Farnum v. Scott Frauenheim, Warden

Lower Court: Ninth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
IFP
Tags: child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry into the child's competency

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the trial court violated a defendant’s right to due process by admitting the prior statements of a 4 year old child without any inquiry into the child’s competency when the child treated the interview “as if it was a game,” said “it was better to tell a lie” than the truth, and where the prosecutor conceded the child “may not know the difference between truth and a lie.” 2. Whether the competency finding of a 6 year old comports with due process where the child never independently expressed any appreciation of the difference between truth and lies nor endorsed any duty to tell the truth except in response to leading questions and never disavowed her belief that it was better to lie that tell the truth.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Dannie Joe Farnum
Tarik S. AdlaiLaw Offices of Tarik S. Adlai, Petitioner
Tarik S. AdlaiLaw Offices of Tarik S. Adlai, Petitioner