So how do I actually enter prior testimony? I know I have to call my investigator to show the State's reasonable efforts to secure the witness' appearance, but then what? I have an original transcript from the prior trial--is it self authenticating? Do I actually enter it as evidence and then ask to publish to the jury and read the testimony into the record? Do I copy only the relevant testimony and ask to enter a copy? Help!

You have someone pretend to be that person and you and the other person read it into evidence.

From Bryan v. State, 837 SW2d 637:

After the State presented several more witnesses in its case-in-chief, it offered into evidence, as exhibits, the two volumes of testimony from appellant's first trial. The State relied upon Tex.R.Crim.Evid. 801(e)(2), 804(a)(1) or (b)(1), and, later, Rule 107 as further support for the admissibility of this evidence. The two volumes were admitted into evidence as exhibits for record purposes only. Subsequently, the State and appellant agreed to excise certain portions of the prior testimony, and the State then highlighted the remaining portions which would be read to the jury. The volumes containing the highlighted portions were then admitted into evidence as exhibits for record purposes, but not for display to the jury. Appellant reurged his objections to the admission of this former testimony, all of which were overruled by the trial judge. Appellant then made objections to specific lines of testimony, which objections were also overruled. The jury returned to the courtroom, and without any explanation from the trial judge or either party as to the nature of the testimony, the court reporter took the witness stand and began reading into the record portions of appellant's testimony from the first trial. Without waiving his prior objections, and pursuant to Tex.R.Crim.Evid. 107, appellant offered into evidence approximately forty pages of appellant's direct examination testimony from his first trial. This testimony, too, was read to the jury by the court reporter. After calling one more witness to testify, the State rested.

[This message was edited by JB on 06-16-09 at .]

Thank you!