v3487-683
TOPICAL INDEX
Page
EARLIER PROCEEDINGS 1
JURISDICTION 3
STATEMENT OF FACTS 3
QUESTIONS PRESENTED 11
ARGUMENT 12
- THE ADMISSION AT THE TRIAL OF THE
PRELIMINARY HEARING TRANSCRIPT
VIOLATED APPELLEE ' S RIGHT TO
CONFRONT AND CROSS-EXAMINE THE
WITNESS AGAINST HIM. 12
- This case is controlled by
Barber v. Page . 12
- The transcript was considered
by the trial court and its use
was prejudicial. 14
- The Transcript Was Read and
Considered. 14
- Its Use Was Prejudicial. 16
II. THE DISTRICT COURT CORRECTLY RULED
THAT APPELLEE HAD A RIGHT TO BE
WARNED THAT HE NEED NOT TESTIFY. 19
- Appellee had a constitutional
right to be warned that he need
not testify. 19
- There is no retroactivity issue
in this case. 21
- Appellant is precluded from
arguing that the right to such
warnings is not retroactive. 23
archive.org Volume Name: govuscourtsca9briefs3487
Volume: http://archive.org/stream/govuscourtsca9briefs3487
Document Link: http://archive.org/stream/govuscourtsca9briefs3487#page/n682/mode/1up
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Document Status: UGLY