State v. Cavell

KATZ, J.,

with whom, BERDON, J., joins, dissenting. For purposes of this dissent, I will assume that the Appellate Court properly concluded that the trial court had acted within its discretion in allowing the state to introduce rebuttal evidence. Because the seminal stain evidence, however, was not a matter of true rebuttal, I respectfully disagree with the majority opinion that the Appellate Court properly concluded that the trial court had acted within its discretion in denying the defendant the opportunity to present surrebuttal evidence.

Unlike evidence presented in the case-in-chief,…