MS Supreme Court 2/17/11

JULIUS  WESLEY KIKER v . S TATE OF MISSISSIPPI

Kiker was convicted of Murder.  Kiker claimed that his wife came after him with a gun and in the struggle the gun went off killing her.  The only evidence to contradict that was a supposed confession he gave in jail to a Bobby Crawford.  Kiker was represented at trial by Darryl Hurt and Sidney Barnett.  During Hurt’s cross of Crawford, Crawford was asked if he was under indictment and Crawford said he didn’t know, to ask his lawyer, Barnett.  Because Crawford couldn’t be fully crossed without undermining his credibility, which Barnett would have to bolster when Crawford’s case came up, there was a conflict of interest.  As Kiker didn’t waive it, the Court reversed the case and remanded it.

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