Payne v. State

I respectfully disagree with the majority’s opinion that the comments of the prosecutor regarding Hudson’s alleged testimony were not prejudicial to the appellant.

Before the trial started, an in camera hearing was held regarding Hudson’s possible testimony. The witness admitted that he waived extradition from Arkansas, but said he did so only to avoid the authorities later claiming that he was uncooperative. During this hearing, he specifically stated on two occasions that he refused to testify. Despite this announcement, the prosecutor called him as a witness, and he immediately claimed his…