Howard v. State

RUCKER, Justice.

After a trial by jury the defendant Ronald C. Howard, Jr., was found guilty of child molesting based largely upon the deposition testimony of a child witness who refused to testify at trial. Because there was no showing that the witness was unavailable for trial within the meaning of the protected person statute, the trial court erred in allowing the deposition into evidence. We therefore reverse the judgment of the trial court and remand this cause for further proceedings.

Facts and Procedural History

Howard and Tina Brooks were married in October 1994. C.C., Brooks’ daughter…