Kentucky v. Stincer (1987) (Facts of the case (Defendant Stincer…
Kentucky v. Stincer (1987)
Defendant's non-appearance/absence for witness competency hearing
Possible 6th amendment vio: Confrontation Clause
Opportunity to cross-examine witness
Possible 14th amendment vio: Due Proces
No violation of 6th / Confrontation Clause
Children did not testify about substantive material in competency hearing
Defense could have challenged competency finding again, and again
No violation of 14th amendment due process
Crt argued Stincer was not deprived due process because he was excluded from competency hearing
Bc the victims weren't asked about the substantive pieces of their testimony, only competency questions
Bc Stincer's counsel was included and present for hearing
Facts of the case
Defendant Stincer convicted of sex crime
Two victims, ages 8 and 7, testified
competency to testify hearings were held for both witnesses
Witnesses asked their ages, date, what it means to tell the "truth"
Stincer was excluded from the competency hearing held in chambers
"what if the competency hearing were to touch upon substantive issues?"
image of stincer "being left out" of the proceeding.