Legal Opinion

State v. Maule

Court of Appeals of Washington

Decided August 5, 2002No. 47873-7-IPublishedCited by 3 opinions

1Opinion of the CourtEllington, J.

A trial court has considerable latitude in choosing the procedure for determining competency, and may proceed by any means which permits the parties to be heard and allows the court to make a well-informed judg*889ment. The chief issue in this case is whether due process requires that defense counsel be permitted to cross-examine a child witness at a pretrial competency hearing. We hold that precluding such cross-examination does not necessarily violate due process.

Here, counsel’s proposed examination would not have been helpful to the determination of competency, and the procedure for…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morris v. BlakerWashington Supreme Court · 1992
  3. State v. AllenWashington Supreme Court · 1967
  4. United States v. Alfred Marion Spoonhunter, Sr.Court of Appeals for the Tenth Circuit · 1973
  5. In Re MBCourt of Appeals of Washington · 2000

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3Cited by3 opinions

  1. State v. BrousseauWashington Supreme Court · 2011
  2. State v. BrousseauWashington Supreme Court · 2011
  3. State v. BrousseauWashington Supreme Court · 2011

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