Topics: Appellate Review



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COMPETENCY PROBLEMS

1. Is a witness competent if he:


A. Is nearsighted, and was not wearing his glasses at the time he says he observed the accident?
B. Is an alcoholic? Is intoxicated (or high on drugs) when he testifies?
C. States that religious beliefs preclude him from taking an oath, but that the witness will say “I promise to tell the truth.”
D. "Thinks" what is saw and remembers is accurate, but he is not positive?
E. Was six years old at the time he saw and accident, and is eight-years-old at the time of trial? Does not attend religious services, and does not believe in God? When asked what happens when you tell a lie, the child states, “Nothing happens. Most of the time everyone thinks it's true. When I get caught lying nothing happens.”

2. State v. Moreno makes hypnotically refreshed memory testimony of a witness inadmissible. Would Moreno make testimony of a criminal defendant and criminal defense witnesses also inadmissible in Hawaii courts?


3. Can the judges' clerk and bailiff testify that the jurors were "doing drugs" and otherwise "partying" during jury deliberations in Hawaii and Federal courts?
4. A witness is interviewed by the plaintiff's lawyer a few weeks after an accident. Nobody else was present at the interview. At trial, the witness' testimony is inconsistent with what plaintiff's lawyer was told by the witness during the interview. May plaintiff's lawyer testify about the inconsistent statement which the witness gave him at the interview?




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