Brief Fact Summary. Terrance McKinley, an inmate in Virginia, was stabbed during an assault in his cell, and fellow inmates Randy Lightly, Defendant, and Clifton McDuffie were investigated. Defendant was the only one formally charged.
Synopsis of Rule of Law. Witnesses are presumed competent to testify unless the witness does not have personal knowledge, does not have the capacity to recall, or does not understand the obligation to tell the truth.
Every witness is presumed competent to testify, unless it can be shown that the witness does not have personal knowledge of the matters about which he is to testify, that he does not have the capacity to recall, or that he does not understand the duty to testify truthfully.View Full Point of Law
Issue. Did the trial court improperly not allow McDuffie to testify?
Held. Justice Ervin issued the opinion for the United States Fifth Circuit Court of Appeals in reversing the conviction and holding that McDuffie should have been allowed to testify.
Discussion. The Court of Appeals excluded McDuffie from testifying without conducting an in camera examination. Further, his psychiatrist indicated that he understood the oath, could communicate what he saw, and had sufficient memory. McDuffie’s testimony could have corrobated Defendant and should have been allowed.