Roby v. State

I dissent from the majority opinion of the Court in this case, and I join in the dissenting opinion of Justice Raper. Justice Raper details the record facts which I would find to be controlling in this instance. These facts are ignored in the majority opinion, and this perhaps is demonstrative of a misapprehension of the record by the majority of the Court.

I would add some comments with respect to the law. The majority opinion apparently attaches some significance to the fact that the document in question was never introduced into evidence. “The fact that evidence was fabricated is admissible…