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STATE v. CLARK

No. 93-2490.

71 Ohio St.3d 466 (1994)

THE STATE OF OHIO, APPELLANT, v. CLARK, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1994.

Attorney(s) appearing for the Case

Michael Miller, Franklin County Prosecuting Attorney, Joyce S. Anderson and Michael L. Collyer, Assistant Prosecuting Attorneys, for appellant.

Judith M. Stevenson, Franklin County Public Defender, and David L. Strait, Assistant Public Defender, for appellee.

ALICE ROBIE RESNICK, J.

The sole issue certified for our review is whether a trial court is under a mandatory duty to voir dire a witness on the question of the witness's competency, when the witness is ten years or older at the time of trial but was under ten years of age at the time of the events giving rise to the witness's testimony. For the reasons which follow, we answer that question in the negative.

Evid.R. 601 sets out the general rule of competency...

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