State v. McCrory

Opinion of the Court by

ACOBA, J.

We hold (1) that evidence that an accused did not proclaim his innocence to a fellow inmate, while jailed pending trial, is irrelevant and prejudicial in a criminal trial and (2) that under the circumstances of this case, evidence that an accused also stated he hoped the charges would be reduced to a lesser charge (in this case from murder to manslaughter) was similarly tainted. Whereas such tainted evidence was admitted herein, we vacate the September 19, 2002 judgment and conviction of the fifth circuit court (the court) 1 and remand this case for a new…