State v. Eubanks

OPINION

VAIDIK, Judge

The State appeals the trial court’s grant of post-conviction relief vacating Anthony Eubanks’ convictions for murder and criminal confinement. The trial court determined it was “reversible error” for the State to call two co-conspirators to the witness stand knowing they would refuse to testify. Eubanks cross-appeals the finding of the trial court that failure to object to this evidence was not ineffective assistance of counsel. Because we conclude that the witnesses’ invocation of the Fifth Amendment did not prejudice Eu-banks or result in an unfair trial, we reverse.

Facts…