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STATE v. SHEPHERD

No. 52A029001CR00002.

569 N.E.2d 683 (1991)

STATE of Indiana, Appellant (Plaintiff below), v. Marcia SHEPHERD, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

April 9, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Office of Attorney General, Indianapolis, for appellant.

Jay T. Hirschauer, Hirschauer & Hirschauer, Logansport, for appellee.

SHIELDS, Presiding Judge.

The State of Indiana appeals the trial court's order suppressing Marcia Shepherd's testimony from her prior trial.

We reverse.

ISSUE

Whether a defendant's testimony at a prior trial is admissible evidence at a retrial when offered by the State in its case in chief if the record fails to establish the defendant was advised on the record and before testifying of the defendant's right against self-incrimination.

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