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STATE v. C.J.

No. 71867-9.

63 P.3d 765 (2003)

148 Wash.2d 672

STATE of Washington, Petitioner, v. C.J., Defendant.

Supreme Court of Washington, En Banc.

Decided February 6, 2003.

Attorney(s) appearing for the Case

Sylvia Cornish, Richland, for Petitioner.

Charles Alden, Kennewick, for Defendant.

MADSEN, J.

The three divisions of the Court of Appeals are divided over the issue presented in this case: whether the State must establish the testimonial competence of a child declarant at the time his or her statements were made to gain admission of those statements under RCW 9A.44.120 where the child declarant is later deemed incompetent to testify at trial. There is a distinction between unavailability as a witness at trial and the requirements of RCW 9A.44.120...

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