McGrady v. State
The Fourth DCA addressed, for the first time in the district, whether a trial court errs by conducting a child victim's competency-to-testify examination in front of the jury rather than outside its presence. The court held there was no reversible error because the judge's questioning was neutral and made no comment on credibility, and any error was harmless since the child's competency answers were cumulative to her CPT interview statements already in evidence.
Key facts
- McGrady, a child victim, testified in a criminal trial where the trial court conducted her competency-to-testify examination in front of the jury rather than outside its presence.
- The trial judge questioned McGrady about her ability to testify truthfully and understand the oath, with the jury present throughout the examination.
- +2 more key facts with a free trial
Why it matters
This opinion fills a gap in Fourth DCA precedent on child witness competency procedure, aligning with the Second DCA's Herrera decision and out-of-state authority to confirm there is no per se rule barring in-jury… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.