Legal Question in Criminal Law in Tennessee

Can police show a witness a codefendants statement before trial?

Boyfriend and girlfriend are charged in the slaying of the boyfriends ex-wife. The girlfriend refused to testify against him and took the fifth.

In one of her TWO statements to police she implicates the codefendant(boyfriend)in the murder.(the other she said she did it)neither statement was admitted in the first trial,(the boyfriend).

Meanwhile,The police had shown the victims mother the statement the girlfriend made,implicating the codefant,several months before the trial.

My question is: Was it legal for the state to put the mother on the stand as a witness after she had read a statement by the girlfriend. I need case law!


Asked on 3/07/01, 4:36 pm

1 Answer from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: Can police show a witness a codefendants statement before trial?

This is a law exam type question. If you are a lawyer, contact me and I will be happy to talk with you. If you intend to do this issue pro se on appeal -- DON'T!!!!!! Get a lawyer! You have a true appellate issue to work with. If you do not have an attorney, contact me via www.gsmithlawfirm.com . Otherwise, look at one of my published opinions, State v. Jenkins, 859 S.W.2d 364 (Tenn. Crim. App. 1993) and Tenn. R. Crim. P. 16.

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Answered on 5/21/01, 10:52 am


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