Capps v. Commonwealth

Leslie Capps (defendant), charged with sexually abusing a minor, objected on competency grounds when the prosecution called the five-year-old victim to testify. During voir dire, the trial court found the child could identify where her parents worked, name Capps's counsel, count to ten, and distinguish truth from lies, and she affirmed she would tell the truth at trial; the trial court permitted her testimony, and Capps appealed.

Whether a trial court has discretion to determine the competency of a minor to testify.