Tyler v. State

CHASANOW, Judge.

This case presents the question of whether in a criminal trial the State may introduce, as a “prior inconsistent statement,” the prior testimony of a witness who takes the stand but refuses to testify. We hold that the prior testimony was not admissible as a prior inconsistent statement in this case because a refusal to testify is not “inconsistent” with prior testimony. Hence, the prior testimony was inadmissible hearsay evidence not within any exception. We reverse Petitioner’s conviction and remand for a new trial.

I

Jerry S. Tyler, Petitioner, was charged with first degree…