Dannie Joe Farnum v. Scott Frauenheim, Warden
JusticiabilityDoctri
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
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.