State v. Bumgarner

CARLTON, Justice.

The Court of Appeals ordered a new trial on the sole ground that “it appears defendant was prevented from calling as a witness an eyewitness to the alleged crime because of an erroneous interpretation of the law by the presiding judge.” The Court of Appeals reached its conclusion after reviewing a colloquy which took place between the trial court, counsel for the defendant, counsel for an eyewitness to the crime, and the assistant district attorney. The record discloses that when defendant’s attorney stated to the trial court that he would call the eyewitness James Dean…