State v. Edwards

WAHL, Justice.

Defendant stands charged by complaint with criminal sexual conduct in the second degree for allegedly engaging in sexual contact with a 7-year-old girl on July 6, 1990. This is a pre-trial appeal by the state from an order of the trial court excluding three extrajudicial statements made by the complainant, D.F., who the trial court determined was incompetent to testify. Reversing the court of appeals and the trial court, we hold that the trial court abused its discretion in ruling that the statements are inadmissible at trial.

Complainant lived with her 26-year-old mother, her…