Smiley v. State

OPINION

BAKER, Judge.

In this appeal we clarify when a judge may preclude a witness from testifying because that witness violated the court's separation of witnesses order. Appellant-defendant Michael Smiley contests his two convictions for Conspiracy to Commit Robbery while armed with a deadly weapon, 1 both Class B felonies, and his two convictions for Conspiracy to Commit Burglary, 2 both Class B felonies. Specifically, he claims that the trial court erred in not allowing a defense witness to testify because she had violated the court's separation of witnesses order.

FACTS

The State charged…