State v. Simpson
Annotate this CaseJames Simpson was charged with aggravated indecent liberties with a child and aggravated child endangerment. Simpson filed a motion seeking a psychiatric evaluation of the complaining child witness. The district court ordered the evaluation, but the child’s mother refused to consent to the child’s evaluation. Eventually, Simpson filed a motion in limine seeking to suppress the child’s testimony and statements based on her failure to undergo a psychiatric evaluation. The district court granted the motion. The State filed an interlocutory appeal, asserting that the child was a competent witness and qualified to testify. The Court of Appeals reversed after considering multiple alternative bases for the trial court’s suppression order. The Supreme Court reversed the Court of Appeals and affirmed the district court on the narrow issue framed by the State, holding that the record did not support the State’s contention that the district court based its ruling solely on a determination that the child was incompetent to testify. Remanded.
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