State v. Kelly

FREDERICKA HOMBERG WICKER, Judge.

| ^Defendant appeals his convictions and sentences for second-degree murder. Defendant assigns as error the trial court’s admission of one victim’s statement made shortly after he was shot under the “excited utterance” exception to the hearsay exclusionary rule. Defendant further claims on appeal that he was denied effective assistance of trial counsel as the result of a conflict of interest that arose when his counsel was required to cross-examine a former client whose testimony was compelled by the state at trial.

For the reasons provided herein, we find that…