Cases Dealing With Child Witness Competency In Texas
A child is competent to testify unless it appears to the court that the child does not possess sufficient intellect to relate the transaction about which she will testify. See Dufrene v. State, 853 S.W.2d 86, 88 (Tex. App.--Houston [14th Dist.] 1993, pet. ref'd).
The competence of a child witness is a question for the trial court and its ruling will not be disturbed on appeal unless an abuse of discretion is shown. See Watson v. State, 596 S.W.2d 867, 871 (Tex. Crim. App. 1980).
When an appellant contends the court "violated his statutory right to an adequate witness competency evaluation" before permitting to testify.
The court conducts a pretrial hearing on the reliability of the witness's outcry. See Tex. Code Crim. Proc. Ann. art. 38.072, 2(b)(2) (West Supp. 2000).