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509 A.2d 114

State v. Gregoire

Supreme Judicial Court of Maine

Decided May 20, 1986

Supreme Judicial Court of Maine · decided 1986-05-20

Relies on State v. Pinkham · State v. Gray

Decided 1986-05-20

¶1MEMORANDUM OF DECISION.

¶2Following a jury-waived trial in Superior Court (Kennebec County), the Defendant, Martin Gregoire, was convicted of gross sexual misconduct and unlawful sexual contact. The gravamen of his appeal is that the Superior Court failed to apply the appropriate standard to determine whether two very young witnesses were competent to testify for the State. Upon the promulgation of our Rules of Evidence, and beginning with State v. Pinkham, 411 A.2d 1021 (Me.1980), we have consistently recognized that M.R.Evid. 601(b) governs determinations as to the competency of witnesses to testify. See State v. Gray, 440 A.2d 1062, 1064-65 (Me.1982). Therefore, the Defendant’s contention for applying here the earlier standard of competence is without merit.

¶3Finding no abuse of discretion in the Superior Court’s determination that these children were competent to testify against him, the entry must be:

¶4Judgment affirmed.

¶5All concurring.

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