Warner v. State

The trial court did not abuse its discretion in excepting the lead detective from the rule of sequestration, the since state maintained that it needed the primary investigator's presence for the orderly presentation of case, the prosecutor explained that there were many witnesses and hours and hours of taped interviews and the detective was the one most familiar with the evidence and the complexities of the particular case.

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Frank Warner, III was convicted of felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony in connection with the fatal shooting of Randy Hamilton. He appeals his convictions and the denial of his motion for new trial, challenging the exception of a prosecuting witness from sequestration, the admission into evidence of certain recorded out-of-court statements, and the jury charge on impeachment. For the reasons which follow, the challenges are without merit, and we affirm.1 The evidence construed in favor of the verdicts showed that on October 26, 2003, Warner, Brandon Jones, and Rodney Odom were at Warner’s home discussing a plan to rob Randy Hamilton. Warner said he would set up the robbery and commented that those who helped in the robbery would get money from it. Odom brought a rifle back to the house, and Warner was “playing” with it. Warner telephoned Hamilton and told him he wanted to buy marijuana from him. That same day, Hamilton and a friend drove to Warner’s house; Warner got into the backseat of the car and told them where to park. After Hamilton handed Warner some marijuana, Odom and Jones approached the car with white t-shirts wrapped around their heads. Odom tapped on the window with the rifle and shot Hamilton. Hamilton attempted to drive away, but began to choke on his own blood. Hamilton’s friend put the car in park and called 911. Warner remained in the back seat as Hamilton was taken to the hospital. Odom and Jones fled the scene.

The murder weapon, a .22 caliber rifle, was found behind Warner’s house. In statements to police, Warner related that he had telephoned Hamilton in order to buy some marijuana, that Hamilton came to his house, and that he knew that Hamilton was going to be robbed.

Warner v. State

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