Ware v. State, No. 977S694

Docket NºNo. 977S694
Citation376 N.E.2d 1150, 268 Ind. 563
Case DateJune 20, 1978
CourtSupreme Court of Indiana

Page 1150

376 N.E.2d 1150
268 Ind. 563
Maverick Trent WARE, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 977S694.
Supreme Court of Indiana.
June 20, 1978.

Page 1151

George Glendening, Hammond, for appellant.

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Maverick Trent Ware, was convicted by a jury on two counts of rape and sodomy. He [268 Ind. 564] now appeals raising the issue of the competency of the complaining witness. Two other issues are waived because defendant has cited no authority and presented no argument on them.

The facts from the record most favorable to the state reveal that the complaining witness, age 28, came home late one night from church. She called her boyfriend and made plans to walk over to see him. As she left her house, she met the defendant who was coming through the backyard. She had known the defendant before. At this time she testified he told her to have sex with him and that "he was going to blow my brains out" if she tried to resist. He slapped, hit and kicked her in the face and chest. He committed both rape and sodomy.

Although the witness was 28 years old, her psychiatrist testified that she was "borderline" mentally retarded which meant she had a mental age of seven to nine years. She had "graduated" from a special school and had held a job. At the hearing to determine if she was competent to testify, she stated that she knew the difference between telling the truth and telling a lie. She stated that she knew that people who tell lies "go to prison." Her psychiatrist stated that she was very consistent in expressing her complaint. He defined "borderline mentally retarded" as meaning that her educational adherent and judgment were average but her capacity for abstraction was poor. He stated that he thought she would understand what it meant to swear to tell the truth. After the court had heard both direct and cross-examination of the psychiatrist and the witness, the court found the witness to be competent to testify.

Defendant contends that the trial court abused its discretion in finding this witness competent. Defendant further contends that one section of Ind.Code § 34-1-14-5 (Burns 1973) regarding the competency of children should apply to this witness since she had a "mental age" of seven to nine [268 Ind. 565] years. 1 However, the defendant cites no cases in support of this...

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19 practice notes
  • Bellmore v. State, No. 55S00-8703-CR-328
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1992
    ...and to narrate the incident he has observed and to understand and appreciate the nature and obligation of an oath." Ware v. State (1978), 268 Ind. 563, 565, 376 N.E.2d 1150, 1151. A witness is presumed to be competent. Gosnell v. State (1978), 268 Ind. 429, 430, 376 N.E.2d 471, 472. If evid......
  • Brown v. State, No. 1-1178A337
    • United States
    • Indiana Court of Appeals of Indiana
    • April 29, 1980
    ...a witness and the standard of appellate review of a trial court's ruling on the competency of a witness in Ware v. State, (1978) Ind., 376 N.E.2d 1150, 1151-52, in which he "It is the general rule that unsoundness of mind does not per se render a witness incompetent. The test of competency ......
  • Carter v. State, No. 1184S457
    • United States
    • Indiana Supreme Court of Indiana
    • August 25, 1987
    ...and to narrate the incident he has observed and to understand and appreciate the nature and obligation of an oath. Ware v. State (1978), 268 Ind. 563, 376 N.E.2d 1150. Logan related the two robberies in great detail. His testimony was corroborated by other witnesses, and there is no evidenc......
  • Johnston v. State, No. 29S00-8610-CR-925
    • United States
    • Indiana Supreme Court of Indiana
    • January 8, 1988
    ...and to narrate the incident he has observed, and to understand and appreciate the nature and obligation of an oath. Ware v. State (1978), 268 Ind. 563, 376 N.E.2d 1150, 1151; Stafford v. State (1983), Ind.App., 455 N.E.2d 402, 405. At the competency hearing Johnston called as witnesses offi......
  • Request a trial to view additional results
19 cases
  • Bellmore v. State, No. 55S00-8703-CR-328
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1992
    ...and to narrate the incident he has observed and to understand and appreciate the nature and obligation of an oath." Ware v. State (1978), 268 Ind. 563, 565, 376 N.E.2d 1150, 1151. A witness is presumed to be competent. Gosnell v. State (1978), 268 Ind. 429, 430, 376 N.E.2d 471, 472. If evid......
  • Brown v. State, No. 1-1178A337
    • United States
    • Indiana Court of Appeals of Indiana
    • April 29, 1980
    ...a witness and the standard of appellate review of a trial court's ruling on the competency of a witness in Ware v. State, (1978) Ind., 376 N.E.2d 1150, 1151-52, in which he "It is the general rule that unsoundness of mind does not per se render a witness incompetent. The test of competency ......
  • Carter v. State, No. 1184S457
    • United States
    • Indiana Supreme Court of Indiana
    • August 25, 1987
    ...and to narrate the incident he has observed and to understand and appreciate the nature and obligation of an oath. Ware v. State (1978), 268 Ind. 563, 376 N.E.2d 1150. Logan related the two robberies in great detail. His testimony was corroborated by other witnesses, and there is no evidenc......
  • Johnston v. State, No. 29S00-8610-CR-925
    • United States
    • Indiana Supreme Court of Indiana
    • January 8, 1988
    ...and to narrate the incident he has observed, and to understand and appreciate the nature and obligation of an oath. Ware v. State (1978), 268 Ind. 563, 376 N.E.2d 1150, 1151; Stafford v. State (1983), Ind.App., 455 N.E.2d 402, 405. At the competency hearing Johnston called as witnesses offi......
  • Request a trial to view additional results

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