State v. Silverman

{¶ 1} Today we determine whether the statements of a child whose testimony is not reasonably obtainable are admissible when the trial court has not deter*582mined the child’s competence. For the reasons that follow, we hold that the question of the admissibility of the statements under Evid.R. 807 does not require a prior determination of the child’s competence to testify.

Relevant Background

{¶ 2} During Memorial Day weekend in 2006, appellant Doron Silverman and his family1 visited his parents and sister Batya Silverman in Indianapolis. After dinner, Batya went back to her apartment with…