EVAN V. STATE
28 P.3d 498 (2001)
NATURE OF THE CASE: This was an appeal from a conviction of burglary and four counts of
first-degree murder and a death sentence and a dispute over the admission of testimony from
a child witness.
FACTS: Adriana was four-years-old at the time of the murders. She witnessed them and
testified at trial. At trial, the prosecutor first questioned her about her family and the
difference between truth and lies and the need to tell the truth. She said that two men
entered the apartment and she referred to them as Scary Eyes and Little Ray. She said the
men shot the two male victims and then shot the two women, one who was in the bathroom and
the other in a bedroom. She could not remember how many times the two women were shot or
which one of the two men fired the shots. She did not see how many men left the apartment.
Afterwards her mother called the apartment and she told her that Scotti was dead. She said
she did not know Scary Eyes but she had seen Little Ray before. Her mother testified that
she had referred to Evans (D) as Little Ray in the past. She was six when she testified and
had already testified at a preliminary hearing, a grand jury hearing, and a federal
sentencing hearing, by her mother, neighbors, detectives, a child psychologist, and the
media. She was taped by reporters telling the same story. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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