Lanoue v. State

OPINION

Appellant was convicted of sexually assaulting his ten-year-old daughter, Cassandra Lanoue, and sentenced to life in prison. On appeal, he contends that the district court erred by finding a five-year-old witness competent to testify. We agree.

Appellant was initially charged with committing an act of fellatio with Cassandra, and one act each of fellatio and cunnilingus with Cassandra’s friend, twelve-year-old Jennifer. As part of its case in chief, the prosecution sought to introduce testimony of appellant’s other daughter, five-year-old Dawn Lanoue. After conducting a voir dire…