Willard v. State

In Willard v. State, 244 Ga. App. 469, 472 (1) (b) (535 SE2d 820) (2000), the defendant similarly contended that an unfavorable inference was created when a co-indictee who had pled guilty was called to the stand in front of the jury even though he had announced his intention to the court to not testify. Id. at 469-470 (1). With the jury present, the co-indictee refused to be sworn and simply announced that he would not testify. The prosecution then asked the co-indictee a single question ("have you pled guilty?"), which the co-indictee did not answer when defense counsel objected. Id. at 470 (1). After confirming with the co-indictee that he would not testify even though he was faced with contempt, the court held the co-indictee in contempt and dismissed him from the stand. Id.