State v. Sutterfield

Defendant appeals his convictions for rape in the first degree, sodomy in the first degree and kidnapping in the second degree, contending that the trial court erred in allowing the state to call a witness who it knew would invoke his privilege against self incrimination.

The state called the witness, Steven Ewing, to testify on rebuttal. Out of the presence of the jury, the court asked him whether he intended to answer any questions. Ewing emphatically refused, because he had an appeal pending from convictions for crimes resulting from the same events that he would be asked to testify about.…