State v. Lytsell

The majority allows defendant’s petition for reconsideration and withdraws our former opinion because, in its view, the trial court’s exclusion of hearsay evidence proffered by defendant was reversible error. The majority concludes that the evidence should have been admitted because it was sufficiently corroborated, and that, contrary to our previous opinion, its exclusion was not harmless error. Because I believe that the evidence would not have changed the outcome of the case if it had been admitted, I dissent.

In our previous opinion, we concluded that “we need not address the issue of…