Oak Park, MI asked in Appeals / Appellate Law and Criminal Law for Michigan

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?

1 Lawyer Answer
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
  • Criminal Law Lawyer
  • Okemos, MI
  • Licensed in Michigan

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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