Adkins v. State

BLACKWELL, Judge.

Our primary concern in this homicide case involves the propriety of calling an accomplice as a state’s witness in the jury’s presence when it is known by the court and counsel that the witness will invoke the privilege against compelled self-incrimination.

The Petition for Writ of Certiorari presented the following additional issues: (1) whether a recorded conversation between the defendant’s nontestifying accomplice and an undercover informant is admissible as a declaration against penal interest; (2) does the admission of a recorded conversation between the nontestifying…