EVAN V. STATE 28 P.3d 498 (2001) CASE BRIEF

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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