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BUSH v. STATE12/1/1995
nt is without merit. He also urges in a footnote that the transcript should not have been admitted into evidence because, he says, it was not certified. No objection was raised in the trial court concerning the authentication of the transcript; this issue is raised for the first time on appeal. We review it under the plain error rule and find no plain error. The appellant further contends that, in reading the transcript to the jury, the prosecutor unduly emphasized parts of the testimony by "voice inflection." The record does not support this contention, and we find no merit in it. In fact, at the time the transcript was read to the jury, the appellant raised no objection to the manner in which it was read.
We next review the appellant's contention that the testimony of Mrs. Pringle should not have been admitted because defense counsel was ineffective in his cross-examination of her in the first trial. He contends that defense counsel in the first trial was ineffective in representing him, in regard to Mrs. Pringle's testimony, for the following reasons: He failed to cross-examine Mrs. Pringle about her possible bias to protect her husband; he failed to object to testimony from Mrs. Pringle that she spoke with the appellant after her husband had told her about the crimes, thus suggesting that Edward Pringle had implicated the appellant; when Mrs. Pringle had denied any knowledge of the gun or the charged crime, he made reference to a second gun used in another murder, thus leaving the jury with the impression that the appellant had been involved in an uncharged killing; and either he did not have the information about Holmes's identification of Cornelius Pringle in a lineup as the gunman in the Majik Market killing or he had it and failed to use it in cross-examination of Mrs. Pringle in order to show her motive to falsely implicate the appellant and shift the blame from Cornelius Pringle, her brother-in-law. He contends that defense counsel in the first trial did not have the information about Mrs. Pringle's having received some of the reward money and did not properly cross-examine her in reference to the offer of a reward.
Last, he contends that "because it was only after Mr. Bush's first trial that Edward Pringle was prosecuted and tried for the Seven-Eleven slaying and attempted murder of Tony Holmes, Mr. Bush's first attorney could not use this information about his involvement in the crime and his vulnerability to prosecution to cross-examine Mrs. Pringle and demonstrate her bias."
When the prior testimony of Mrs. Pringle was offered, the appellant made the following general objection:
"The defendant objects to the use of Patricia Pringle's prior testimony in the first trial in this case. In the first trial the defendant was represented by other counsel. As the Court knows the reason the case came back the first time was either Brady violation for the District Attorney's failure to turn over material information of exculpatory nature to the defendant, or because the first attorney that represented Mr. Bush was constitutionally ineffective under the Sixth, Eighth and Fourteenth Amendments. We object because use of this prior testimony would deprive the accused of his rights under the Sixth, Eighth and Fourteenth Amendments, because he would not be entitled to confront the witness with effective counsel. He was deprived of that opportunity the first time."
All the specific matters raised in the appellant's brief to this court, other than the matter pertaining to the exculpatory information, were never presented to the trial court and are presented here for the first time. For the issue of ineffective counsel to be cognizable in the trial court, it must con
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