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prior testimony Archives

Prior Testimony Generally Admissible on Retrial

A criminal defendant's prior testimony about a particular incident is generally admissible in a retrial of the same case, even if the defendant elects not to testify on retrial. Certainly the original statement is a prior statement of the accused, not coerced or improperly obtained, as it was offered in court after being advised of the right not to testify. An exception exists, created by the U.S. Supreme Court decision in Harrison v. United States, 392 U.S. 219 (1968), for when the original testimony was offered to rebut evidence later determined to be improperly admitted. In the recent case of State v. Pottebaum, M2012-01573-CCA-R3-PC (Tenn.Crim.App. 6-21-2013), the Tennessee Court of Criminal Appeals distinguished an accused's decision to testify to rebut evidence which should not have been admitted against him, and an accused's decision to testify as a result of not being allowed to present certain evidence which should have been admissible.

Prior Testimony Generally Admissible on Retrial

A criminal defendant's prior testimony about a particular incident is generally admissible in a retrial of the same case, even if the defendant elects not to testify on retrial. Certainly the original statement is a prior statement of the accused, not coerced or improperly obtained, as it was offered in court after being advised of the right not to testify. An exception exists, created by the U.S. Supreme Court decision in Harrison v. United States, 392 U.S. 219 (1968), for when the original testimony was offered to rebut evidence later determined to be improperly admitted. In the recent case of State v. Pottebaum, M2012-01573-CCA-R3-PC (Tenn.Crim.App. 6-21-2013), the Tennessee Court of Criminal Appeals distinguished an accused's decision to testify to rebut evidence which should not have been admitted against him, and an accused's decision to testify as a result of not being allowed to present certain evidence which should have been admissible.

Prior Testimony Generally Admissible on Retrial

A criminal defendant's prior testimony about a particular incident is generally admissible in a retrial of the same case, even if the defendant elects not to testify on retrial. Certainly the original statement is a prior statement of the accused, not coerced or improperly obtained, as it was offered in court after being advised of the right not to testify. An exception exists, created by the U.S. Supreme Court decision in Harrison v. United States, 392 U.S. 219 (1968), for when the original testimony was offered to rebut evidence later determined to be improperly admitted. In the recent case of State v. Pottebaum, M2012-01573-CCA-R3-PC (Tenn.Crim.App. 6-21-2013), the Tennessee Court of Criminal Appeals distinguished an accused's decision to testify to rebut evidence which should not have been admitted against him, and an accused's decision to testify as a result of not being allowed to present certain evidence which should have been admissible.

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