Barnes v. State

I disagree with the majority on the issue of the “night vision” statement and respectfully dissent. This case should be reversed and remanded for a new trial. What is at issue here is whether Charles Barnes has been convicted through a judicial process that is defective in some fundamental respect, in this case, through prosecutorial misconduct. Contrary to the majority’s view, the issue is not simply one of sufficiency of the evidence viewed through harmless error. The credibility of the judicial system is in question.

Barnes had filed a motion to suppress the “night vision” statement and…