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KENTUCKY v. STINCER

No. 86-572.

482 U.S. 730 (1987)

107 S.Ct. 2658

96 L.Ed.2d 631

KENTUCKY v. STINCER

Supreme Court of United States.

Decided June 19, 1987

Attorney(s) appearing for the Case

Penny R. Warren, Assistant Attorney General of Kentucky, argued the cause for petitioner. With her on the briefs were David L. Armstrong, Attorney General, and John S. Gillig, Assistant Attorney General.

Mark A. Posnansky, by appointment of the Court, 479 U.S. 1005, argued the cause and filed a brief for respondent.*

Briefs of amicus curiae urging affirmance were filed for the American Civil Liberties Union by George Kannar; and for the National Association of Criminal Defense Lawyers by Nancy Hollander.

Donald N. Bersoff filed a brief for the American Psychological Association as amicus curiae.

JUSTICE BLACKMUN delivered the opinion of the Court.

The question presented in this case is whether the exclusion of a defendant from a hearing held to determine the competency of two child witnesses to testify violates the defendant's rights under the Confrontation Clause of the Sixth Amendment or the Due Process Clause of the Fourteenth Amendment.

I

Respondent Sergio Stincer was indicted in the Circuit...

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