Here is the situation: Mother and boyfriend both charged with Injury to Child. At mother's trial boyfriend takes the stand and tries to take responsibility for the injuries, claiming that he caused the injuries and stating how he caused the injuries.
Now we have boyfriends trial. I want to enter the transcript of the boyfriends prior testimony under TRE 804(b)(1). In Bryan v. State, 837 sw2d 637, the court held that the defendant would have to invoke his 5th Amendment rights before he is "unavailable".
I know that the State cannot call the defendant and if the defense does not put on any evidence, how am I going to be able to put the prior testimony in front of the jury?

[This message was edited by Brent Ratekin on 09-27-05 at .]

You don't have to wait for the boyfriend to invoke his rights as he is unavailable to you.

Dorrs v. State 40 S.W. 311
Wooley v. State 64 S.W. 1054
Hill v. State 114 S.W. 117
Collins v. State 46 S.W. 933
Chavez v. State 408 S.W.2d 714
State v. Whitesides 21 So. 540
Johnson v. State 319 S.W.2d 720
Crowley v. State 2002 WL 31026822
Guajardo v. State 109 S.W.3d 456
Edmonds v. U.S. 273 F.2d 108
Hill v. State 114 S.W. 117


Harrison v. U.S. 392 U.S. 219

[This message was edited by BLeonard on 09-27-05 at .]

don't rely upon "former testimony" call it an admission of a party opponent.