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Evans v. State

Supreme Court of Nevada

28 P.3d 498 (2001)

Relevant factsFree

The State of Nevada (plaintiff) prosecuted Vernell Ray Evans (defendant) for multiple murders witnessed in part by Adriana, who was four years old at the time of the crime and six when she testified, with her mother present during the events. The trial judge found Adriana understood the difference between truth and falsehood and admitted her testimony, which remained largely consistent through direct and cross-examination even though she admitted not remembering some details and her account matched other crime-scene evidence. Evans was convicted and appealed, arguing Adriana's young age, imperfect memory, and exposure to her mother's possible influence made her incompetent to testify.

IssueFree

Whether a child witness whose testimony is clear, relevant, and coherent is a competent witness despite her young age and some gaps in memory.

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