State v. CJ

63 P.3d 765 (2003)

148 Wash.2d 672

STATE of Washington, Petitioner,

v.

C.J., Defendant.

No. 71867-9.

Supreme Court of Washington, En Banc.

Argued June 27, 2002.

Decided February 6, 2003.

Sylvia Cornish, Richland, for Petitioner.

Charles Alden, Kennewick, for Defendant.

MADSEN, J.

The three divisions of the Court of Appeals are divided over the issue presented in this case: whether the State must establish the testimonial competence of a child declarant at the time his or her statements were made to gain admission of those statements under RCW 9A.44.120 where the child declarant is later deemed…