James v. State

¶ 40. I would affirm the conviction and the judgment of the trial court in this case; thus, I respectfully dissent from the decision of the majority. An abuse-of-diseretion standard of review applies to our review of a trial court’s decision to admit or exclude evidence, including the decision to admit a prior inconsistent statement to impeach a witness. See M.R.E. 607.3 Additionally, if appellate review discerns any error, then the harmless-error analysis should be applied to the review of the totality of the evidence.4 In this case, I respectfully submit that the record supports the…