State v. David Bueso(074261)

This appeal raises questions about the competency of a child witness and the process that a trial court should apply to address that issue. Under the New Jersey Rules of Evidence, a witness is considered competent to testify unless the court makes a finding that he or she lacks the capacity to express his or her testimony so as to be understood, or is incapable of understanding the duty to testify truthfully. N.J.R.E. 601. In accordance with that standard, a preliminary inquiry is undertaken to determine whether a child is competent to testify at a criminal trial. See State v. G.C., 188 N.J.…