Gosnell v. State

Appellant was convicted by jury for violation of IC § 35-24.1-4.1-1 (a) (1), delivery of a controlled substance. He was sentenced to a term of 12 years, 6 months, and fined in the amount of $200.00.

Appellant first claims the trial court erred in overruling his petition for mental examination of the State’s witness to the crime, Michael Simone. The general rule is that a witness is clothed with a presumption of competency. When the competency to testify is placed in issue it is the duty of the trial court to schedule a hearing in order to properly determine whether the witness is in fact…