Menard v. City of Carlisle

Robert H. Dudley, Justice.

We affirm the judgment of conviction for driving while under the influence of intoxicants. The primary issue is whether A.R.E. Rule 615, the witness sequestration rule, is waived when counsel fails to ask for “the rule” before the testimony begins.

The State’s first witness in its case-in-chief had answered a few preliminary questions when appellant’s counsel asked for the rule. The city attorney objected and said it was “too late now.” The appellant’s attorney responded, “Why? I mean, the matter was not addressed before we began the trial of the matter.” Nothing more…