ROBERT J. LEAS, A MINOR, BY HIS NEXT FRIEND, JEAN V. LEAS, AND JOHN L. LEAS, APPELLANTS,

v.

JACK YOUNG AND GEORGE FRICKE, APPELLEES

Citator

Cited By (23 total)

• Lloyd v. State, 524 So. 2d 396 (Fla. 1988)
  …abandoned in this state, and the prime test of testimonial competence of an infant witness is his or her intelligence, rather than his or her age, and, in addition, whether the child possesses a sense of obligation to tell the truth. Bell v. State, 93 So. 2d 575 (Fla.1957). The test has been reiterated in multiple district court of appeal decisions. Garrard v. State, 335 So. 2d 603 (Fla. 3d DCA 1976), cert. denied, 342 So. 2d 1101 (Fla.1977); Fernandez v. State, 328 So. 2d 508 (Fla. 3d DCA), cert. denied, 3…
• Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988)
  …he primary test “of testimonial competence of an infant witness is his or her intelligence, rather than his or her age, and, in addition, whether the child possesses a sense of obligation to tell the truth.”1 Lloyd, 524 So. 2d at 400; Bell v. State, 93 So. 2d 575, 577 (Fla.1957); McKinnies v. State, 315 So. 2d 211 (Fla. 1st DCA 1975); Garrard v. State, 335 So. 2d 603 (Fla. 3d DCA 1976), cert. denied, 342 So. 2d 1101 (Fla.1977); Harrold v. Schluep, 264 So. 2d 431 (Fla. 4th DCA 1972). Therefore, when a child’s…

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• Floyd v. State, 18 So. 3d 432 (Fla. 2009)
  …ness is competent to testify is based on “his or her intelligence, rather than his or her age, and, in addition, whether the child possesses a sense of obligation to tell the truth.” Lloyd v. State, 524 So. 2d 396, 400 (Fla.1988); see Bell v. State, 93 So. 2d 575, 577 (Fla.1957). Accordingly, when evaluating the competency of a child, the trial court should consider the following: [*444] (1) whether the child is capable of observing and recollecting facts; (2) whether the child is capable of narrating those…

Authorities Cited

• Preger v. Gomory, 55 So. 2d 541 (Fla. 1951)