PEOPLE v. DISTRICT COURT OF EL PASO COUNTY

No. 89SA116.

776 P.2d 1083 (1989)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF EL PASO COUNTY, and Honorable Bernard Baker, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

July 24, 1989.


Attorney(s) appearing for the Case

Robert M. Brown, Chief Deputy Dist. Atty., and Paul A. Sanford, Deputy Dist. Atty., Colorado Springs, for petitioner.

David F. Vela, Colorado State Public Defender, Bradley D. Crown and Nancy J. Lichtenstein, Deputy Public Defenders, Colorado Springs, for respondents.


ERICKSON, Justice.

This original proceeding raises the issue of whether the trial court properly excluded a four-year-old child's hearsay statements that alleged her father had sexually abused her. The prosecution argues that the trial court erred in holding the statements inadmissible. Specifically, the prosecution claims that the trial court erred by finding that the child, although not competent, was "available" to testify under section 13-25-129(1)(b)(II), 6A...

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