State v. Whitt

ALBRIGHT, Justice:

Anthony Ray Whitt appeals from his conviction for second degree murder on the grounds that he was denied his constitutional right to compulsory process1 when the trial court denied his request to call his co-defendant, Lori Day, to the stand. Ms. Day, who had been acquitted of the murder charges filed against her by the time of Appellant’s trial, indicated through counsel that she intended to invoke the Fifth Amendment if called to testify at Appellant’s trial. Based on its determination during an in camera hearing that Ms. Day’s reliance on the Fifth Amendment was improper,…