Vaska v. State

I agree with the analysis contained in Part III.B. of today’s Opinion, which holds that the state failed to establish a foundation for admitting T.E.’s prior statements under Evidence Rule 801(d)(1)(A). But I do not join the Opinion in this regard, because I do not believe it is necessary to reach this issue in this case. The trial court’s decision can and should be affirmed on the grounds on which the trial court admitted the evidence, identification of a person under Evidence Rule 801(d)(1)(C).1 This is the thesis of Part II of Justice Matthews’s dissent, with which I agree. For this…