Defendant is convicted of possession with intent to deliver within 1000 feet of a school. He testified in punishment that he and co-defendant sold and gave meth. to school kids at lunch and after school. Jury sentence defendant to 15 years. He filed an appeal and has another case pending. We ar fixing to try co-defendant and are thinking about bench warranting him back to testify. Can he take the fifth to what he testified to since he filed an appeal and has another case pending?

Under Brumfield, he has a Fifth Amendment privilege until "his liability to punishment has ended." Arguably, since he might be retried on this non-final case, he may have a Fifth Amendment privilege. You could file a motion to grant him use immunity to solve any doubt about that.