Vilseis v. State

The admission of an eyewitness’s discovery deposition as substantive evidence at trial compels reversal of this case because it violated the Confrontation Clause of the Sixth Amendment to the United States Constitution.

Originally charged with five felonies, the defendant was acquitted of three and convicted of two lesser included offenses, burglary of a dwelling and third degree grand theft.

The State’s Case

One morning in 2011, the victim awoke to find that a fire had erupted in his home. In a panic, the victim woke up a guest staying with him and the two rushed out to safety. With the house…