STATE v. SCOTT

No. C0-91-2102.

501 N.W.2d 608 (1993)

STATE of Minnesota, Respondent, v. Richard Galen SCOTT, Petitioner, Appellant.

Supreme Court of Minnesota.

June 11, 1993.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., Robert Stanich Asst. Atty. Gen., St. Paul, Robert Tiffany, Redwood County Atty., Redwood Falls, for respondent.

Heard, considered and decided by the court en banc.


TOMLJANOVICH, Justice.

Appellant, Richard Scott, was convicted of eight separate charges of sexual misconduct involving two female children, H.S., his daughter, and A.B., who attended a daycare service run by his wife. At the time of trial, H.S. was nine; A.B. was six. After holding competency hearings, the trial judge ruled that A.B. was competent to testify but that H.S. was not. In lieu of H.S.'s live testimony, the judge admitted an audiotape of an interview with...

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