Rosche v. McCoy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “competency is presumed where the child is more than 14 years of age. Under 14 there must be a judicial inquiry as to mental capacity, which must be more searching in proportion to chronological immaturity.”
• holding that “competency is presumed where the child is more than 14 years of age. Under 14 there must be a judicial inquiry as to mental capacity, which must be more searching in proportion to chronological immaturity.”
• explaining that in assessing a person’s life expectancy, a jury may consider the person’s personal habits
• stating, when the witness is “[u]nder [14 years of age,] there must be judicial inquiry as to mental capacity [of the child], which must be more searching in proportion to chronological immaturity”
• competency of minor witness must reveal capacity to communicate, remember events, and reveal a consciousness of the duty to speak the truth
• “When a witness is at least fourteen years old, he or she is entitled to the same presumption of competence as an adult witness.”

Source: CourtListener parenthetical corpus (CC0).