State v. Ayers

Barbara Ayers (defendant) and her husband Donald were jointly tried and convicted of murdering her former husband, with Donald's testimony implicating Barbara, but the convictions were set aside on appeal due to an improperly obtained confession from Barbara; at her subsequent individual retrial, Donald refused to testify, and the prosecution introduced his prior joint-trial testimony under the former-testimony hearsay exception. Barbara argued her motive and opportunity to cross-examine Donald differed between trials because her own confession was in evidence at the first trial but not the second, and appealed her conviction after the trial court admitted the former testimony.