McGuinness v. State

OPINION

SOSA, Chief Justice.

The questions presented for review are: Did the Court of Appeals err in holding that the deposition of the State’s chief witness was properly admitted in this criminal trial under the applicable procedural rules? Did the Court of Appeals err in holding that such admission did not violate defendant’s right to confront and cross-examine the witnesses against him? We hold that the Court of Appeals erred in holding the deposition was properly admitted.

Defendant was charged with second-degree murder. Prior to trial and at the State’s request, the deposition of a Ben…