In the Interest of: E. A. J.
| Docket Number: | 2002-CA-01452-COA | |
| Court of Appeals: |
Opinion Date: 10-28-2003 Opinion Author: Bridges, J. |
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| Additional Case Information: |
Topic: Adjudication of abuse - Testimony of child Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-29-2002 Appealed from: Harrison County Youth Court Judge: Michael Ward Disposition: ADJUDICATION OF ABUSE Case Number: 24YCO29O358 |
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| Party Name: | Attorney Name: | |||
| Appellant: | In the Interest of: E. A. J., a Minor |
JAMES L. FARRIOR |
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Adjudication of abuse - Testimony of child |
| Summary of the Facts: | An abuse petition was filed in the Harrison County Youth Court, alleging that E.A.J., a three year old girl, had been sexually abused. The allegations in the petition were admitted by the child's mother. The court adjudicated that E.A.J. was abused as set out in the petition, and the father appeals. |
| Summary of Opinion Analysis: | The father argues that the court erred in allowing E.A.J. to testify, because the court failed to establish her competency. If the trial determines that, because of the tender years of the proposed witness, the child could not be expected to accurately recall and relate events as they actually occurred or to understand the importance of reporting any such recollections truthfully, the court could exclude any such proposed testimony on the basis that it did nothing to prove or disprove a fact critical to the case. Here, the court questioned and listened to the child, as well as observed her demeanor. The father has made no showing that the court abused its discretion in admitting the testimony. Even if the court had committed error in permitting the child to testify, the error was cured by the testimony the social worker and the psychologist. |
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