State v. Roya

The State brings this interlocutory appeal from a district court order that granted defendant’s request to depose two minor witnesses about prior sexual abuse by other family members. The State argues that 13 VS.A. § 3255(c) prohibits a defendant from questioning a complaining witness during a deposition about prior sexual conduct. Further, the State contends that this prohibition does not violate defendant’s rights to confrontation or due process. We hold that defendant has failed to show that applying § 3255(c) in this case violates his constitutional rights, and therefore, we reverse.

Defend…