People v. Karelse

Defendant was convicted by a jury of fourth-degree criminal sexual conduct, MCL 750.520e; MSA 28.788(5), for engaging in sexual relations with his 20-year-old mentally retarded daughter. Defendant appeals as of right.

A motion in limine was filed by defendant prior to trial wherein he alleged that his daughter was incompetent to testify. After examining the victim, the court agreed that, despite her apparent ability to tell the truth, the victim’s limited mental ability and her susceptibility to influence made her incompetent as a witness. See MRE 601. The court further held, however, that…