State v. Huffman

Defendant was charged with perjury and conspiracy to commit perjury. He was found guilty of both charges by a jury; however, the court “merged” the conviction for conspiracy with the perjury conviction. Defendant appeals only the perjury conviction, asserting that prosecutorial misconduct requires dismissal and that erroneously admitted evidence justifies a new trial. We affirm.

We take the following facts primarily from the pretrial hearing on defendant’s motion to dismiss. The conspiracy count alleged that defendant, James Huffman, defendant’s nephew, and James’ wife Claudia conspired to…