Bundrage v. State

Although I agree with the conclusion reached in the majority opinion that the statements that Williams and Barksdale made on the tape recording are admissible in evidence, I disagree with the majority’s rationale for that conclusion.

1. As for the statements of Barksdale, the majority opinion concludes that his statements are admissible because at the time of the call Barksdale was still an active conspirator and because

the electronic interception of the conversation created a recording of Barksdale’s statements, which statements Williams could have related if he had been a witness. Duren v.…