Fulks v. State

¶ 88. While I agree that it was not error for the trial court to allow Fulks’s testimony from his first trial to be adduced by the State during its case-in-chief during the instant trial, I do not subscribe to the majority’s analysis in that regard. I also agree that there is no reversible error on the recusal issue, but in reaching this conclusion, the majority tends to confuse the appellate standard of review. For these reasons, I concur in result only and offer the reasoning which led me to conclude that the defendant’s testimony from the first trial was admissible in the second.

¶ 39. On…