State v. Brown

SNELL, Presiding Judge.

On August 7, 1984, the defendant, David Edgar Brown, was charged by trial information with sexual abuse in the third degree. This charge was based upon allegations that Brown had sexually abused his thirty-two year old stepdaughter, Twila McDowell, who suffers from Down’s Syndrome. On October 25,1984, Brown filed a motion in limine requesting the district court to rule that McDowell was incompetent and unqualified to testify due to mental retardation. This motion was denied by the district court on January 4, 1985. On July 25, 1985, a hearing was held to determine…