Franco v. State

OPINION

Ramon Franco (“Ramon”) and Valentino Rodriguez Franco (“Valentino”) (collectively “appellants”) were convicted after a jury found them each guilty of the first degree murder of Gilberto Echazabal (“Echazabal”). We conclude that the district court erred in admitting several hearsay statements made by Ramon’s wife, Kim. In addition, the prosecutor engaged in misconduct when it used a statement ostensibly admitted only against Valentino against Ramon, and in commenting upon the failure of Ramon’s wife to testify. We cannot say that these errors were harmless beyond a reasonable doubt, and…