In State v. Wells, the trial court allowed a five-year-old alleged sexual assault victim to testify against a man accused of rape when Ohio has a rule that presumes anyone under 10 is presumed incompetent as a witness. The trial court conducted a hearing to determine the competency of the five-year-old and determined that she was competent as a witness to testify against defendant Wells. Does an appellate court reweigh the evidence that the trial court considered? What questions could one ask of a very young girl to show that she knows the truth and understands the difference between right and wrong or a lie from the truth? What did the appellate court determine concerning her competency to testify? What factors did the court consider in determining whether the child met the requirements of competency as a witness?
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