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STATE v. EUBANKS

No. 80A02-9906-PC-00419.

729 N.E.2d 201 (2000)

STATE of Indiana, Appellant-Respondent, v. Anthony EUBANKS, Appellee-Petitioner.

Court of Appeals of Indiana.

May 26, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Rosemary L. Borek, Deputy Attorney General, Attorneys for Appellant.

William E. Daily, Danville, Indiana, Attorney for Appellee.

OPINION

VAIDIK, Judge

The State appeals the trial court's grant of post-conviction relief vacating Anthony Eubanks' convictions for murder and criminal confinement. The trial court determined it was "reversible error" for the State to call two co-conspirators to the witness stand knowing they would refuse to testify. Eubanks cross-appeals the finding of the trial court that failure to object to this evidence...

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