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Apodaca v. AAA Gas Co.3/11/2003
"competent evidence," which is any evidence that is admissible to prove a relevant fact. Id. at 544, 883 P.2d 130. Relevancy is not at issue here.
Under Rule 11-601, a witness is presumed competent to testify. See Hueglin, 2000-NMCA-106, 22. Ordinarily the party challenging competency bears the burden to show the witness is incompetent. State v. Manlove, 79 N.M. 189, 190, 441 P.2d 229, 230 (Ct. App. 1968). We have held that a determination of competency requires the trial court to inquire into the witness's capacities to observe, recollect, and communicate, as well as appreciate a duty to speak the truth at the meaningful time. Macias, 110 N.M. at 249-50, 794 P.2d at 392-93. More recently, however, this Court has recognized that " he Rule represents the culmination of the trend that has converted questions of competency into questions of credibility." Hueglin, 2000-NMCA-106, 22 (quoting 3 Weinstein's Federal Evidence § 601.02 ) (2d ed.) (internal quotation marks omitted). Thus, the trial court ensures that witnesses meet a minimum standard of competency, and the jury resolves questions of the weight and credibility of the testimony. Id. A minimum standard of competency merely requires that a reasonable person could "put any credence in testimony. Id. (quoting 3 Weinstein's, supra §§ 601.01 and 601.03 ) (internal quotation marks and citations omitted).
The trial court held a preliminary hearing to determine whether Velasquez was competent when he gave the statements. At the conclusion of the evidence, the trial court ruled that Velasquez's degree of competency at the time of his statement went to weight rather than admissibility. The trial court was "unmoved by the arguments in favor of denying the admissibility." While the trial court did not express its reasons for the ruling, which would have assisted our review of its exercise of discretion, we find that the court's ruling was supported by substantial evidence and, as such, not against the logic and effect of the facts and circumstances before the court. Thus, we find no abuse of discretion.
The treating physician, Dr. Demarest, testified from the nurse's notes that the day after the accident and the day before the interview, Velasquez was "awake, social and friendly" at the hospital. Velasquez was taking Percocet and large doses of morphine for his pain throughout the course of his hospitalization; he took two tablets of Percocet at 1:00 a.m., ten hours before the interview, and sixteen milligrams of morphine at 5:30 a.m., five and one-half hours before the interview. The interview was conducted in two parts between 11:00 a.m. and 1:00 p.m. Just after the interview Velasquez was sitting up in his bed and eating lunch with no complaints of pain, although he conversed with the nurse who noted he was upset about the OSHA statements. Prior to his discharge, an occupational therapist noted Velasquez was "oriented times three," meaning he knew who he was, where he was, and what time it was. The therapist also noted Velasquez was a "good historian." Dr. Demarest opined that the therapist would have noted if Velasquez appeared confused at that time. Three hours after the interview, Velasquez was discharged. At that time, he was "verbalizing and understanding."
While Dr. Demarest testified that the combined effect of the medications could "potentially have a significant effect in terms of judgment, insight and ability to decide. . . . and recall," he could not conclusively say what effect they had on Velasquez since, in his words, "patients are variable." The fact that evidence does not reflect Velasquez's mental state at the exact time of the interview is not critical. The evidence did describe his condition
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