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STATE v. S.J.W.

No. 83177-7.

239 P.3d 568 (2010)

STATE of Washington, Petitioner, v. S.J.W., Respondent.

Supreme Court of Washington, En Banc.

Decided September 23, 2010.

Attorney(s) appearing for the Case

Gregory Marshall Banks , Colleen Sue Kenimond , Island County Prosecutor's Office, Coupeville, WA, for Petitioner/Appellant.

Jennifer J. Sweigert , Nielsen Broman & Koch, P.L.L.C., Seattle, WA, for Appellee/Respondent.

C. JOHNSON, J.

¶ 1 This case asks us to determine which party under RCW 5.60.050 bears the burden to establish a 14-year-old child's competency and whether a trial court should presume a child is competent to testify as a witness. S.J.W. was charged with the third degree rape of 14-year-old W.M., a developmentally delayed boy. The State offered W.M. as a witness to testify against S.J.W., and S.J.W. challenged W.M.'s...

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