Maxey v. Commonwealth

COLEMAN, Judge.

Otis Lee Maxey was convicted by a jury for the abduction and rape of his former wife. On appeal, Maxey contends the trial court erred by allowing the Commonwealth to impeach his mother, called as a Commonwealth witness, with inconsistent statements she previously had given to a police investigator. Maxey argues the Commonwealth could not impeach his mother because she was not an adverse witness, and the Commonwealth knew prior to her testimony that she would testify unfavorably. We hold that appellant’s mother was an adverse witness and, therefore, the Commonwealth could…