Kentucky v. Stincer

Sergio Stincer (defendant) was charged with first-degree sodomy for acts he committed with T.G., an eight-year-old girl, and N.G., a seven-year-old girl. Before the presentation of evidence at trial, the court held a competency hearing in the judge’s chambers to determine whether the young girls were competent to testify at trial. Stincer’s attorney, but not Stincer, was allowed to attend the hearing. At the in-chambers hearing, the girls were questioned separately by the judge, prosecutor, and Stincer’s attorney about basic factual information, such as their names, ages, and birthdates. The girls were also asked about their ability to tell the truth, but they were not asked any substantive questions about the case. At the conclusion of the hearing, the judge determined that both girls were competent to testify at trial. During trial, both girls were asked some of the same background facts that were asked in the competency hearing. The girls were also asked questions on direct and cross-examination about the allegations against Stincer. Stincer was ultimately convicted by the jury and subsequently appealed his conviction. On appeal, the Supreme Court of Kentucky held that Stincer’s exclusion from the competency hearing violated his rights under the Sixth Amendment. The United States Supreme Court granted certiorari to review the case.