State of Delaware, Plaintiff-Below, Appellant v. Damone Flowers, Defendant-Below, Appellee — Vaughn, J., Concurring

Summary

This concurrence would reverse the Superior Court's determination that the defendant's confrontation rights were violated because the State did not ask its witnesses on direct examination whether their prior out-of-court statements were true. It concludes that the governing statute requires the witness to testify about the perceived events and the prior statement, but does not require any particular foundational question or require the State to ask about truthfulness on direct examination. Because the witnesses testified under oath and were subject to full and unrestricted cross-examination, the concurrence finds no constitutional violation.