State v. Flack (Signed Opinion)
Annotate this CaseAfter a jury trial, Defendant was convicted of first degree murder, first degree robbery, and criminal conspiracy. The accomplice who shot and killed the victim pled guilty to first degree murder, and as part of his plea agreement, the accomplice testified for the State during Defendant's trial about his guilty plea. The Supreme Court affirmed Defendant's convictions and sentences, holding (1) an accomplice who has entered a plea of guilty to the same crime charged against the defendant may testify as a witness on behalf of the State, but if the jury learns of the accomplice's guilty plea, then, upon the motion of the defendant, the trial court must give a limiting jury instruction; and (2) because Defendant did not preserve any error by objecting or requesting a limiting instruction in this case, the trial court did not plainly err in denying Defendant's motion for a new trial on the ground that the court failed to give a limiting instruction regarding the accomplice's testimony.
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