v3487-683

Document Title Page

TOPICAL INDEX

Page

EARLIER PROCEEDINGS 1

JURISDICTION 3

STATEMENT OF FACTS 3

QUESTIONS PRESENTED 11

ARGUMENT 12

  1. THE ADMISSION AT THE TRIAL OF THE

PRELIMINARY HEARING TRANSCRIPT

VIOLATED APPELLEE ' S RIGHT TO

CONFRONT AND CROSS-EXAMINE THE

WITNESS AGAINST HIM. 12

  1. This case is controlled by

Barber v. Page . 12

  1. The transcript was considered

by the trial court and its use

was prejudicial. 14

  1. The Transcript Was Read and

Considered. 14

  1. 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

  1. Appellee had a constitutional

right to be warned that he need

not testify. 19

  1. There is no retroactivity issue

in this case. 21

  1. Appellant is precluded from

arguing that the right to such

warnings is not retroactive. 23


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