Q: Codefendant took plea to testify against my son in a homicide case. Appeal & new trial starts, does he still testify?
Would Codefendant still have to testify since he's already sentenced? Does new trial discard testimonies & evidence from old trial?
A: If the prosecutor issues a subpoena to the co-defendant, then if called upon at trial the co-defendant would testify. The answer to your second question is complex. It would likely hinge on the reason for a new trial. In general any testimony presented in a previous court action can be used to impeach the witness that testifies in a manner that is inconsistent with the witness' prior testimony.
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