Barnett v. Commonwealth

WINTERSHEIMER,

Justice, dissenting.

I must respectfully dissent from the majority opinion because there is nothing in the briefs or oral argument presented to this Court which indicates that the conviction and sentence of Barnett was improper. In my view the majority has improperly substituted its view of how the case should be practiced for that of Barnett’s trial and appellate counsel.

Barnett’s appellate counsel frames his sole argument on appeal to the effect that the application of the rape shield law in this case denied appellant his constitutional right to confront and cross-examine the…