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In re D.W.R. - Reversed for Due Process Violation (Evid.R. 601(B))

The Ohio Court of Appeals, Tenth Appellate District, reversed the delinquency adjudication of D.W.R. finding a due process violation. The appellee's key witness, N.O., was permitted to testify despite being incompetent under Evid.R. 601(B). The witness, a developmentally disabled 31-year-old male, could not distinguish truth from falsehood during the competency hearing. The judgment is reversed and the cause remanded.