State v. Atkinson

I concur with the majority’s conclusion that Atkinson’s constitutional right to confront witnesses was violated when the district *934court prohibited Atkinson from cross-examining L.P. regarding the events of Friday night.

However, I dissent from the holding that the trial court erred in not allowing Atkinson to present evidence and cross-examine L.P. regarding her inconsistent statements to police about previous consensual sex with Atkinson. Whether L.P. and Atkinson did or did not have sex 4 or 6 months earlier was not relevant to any issue in the case; therefore, L.P.’s inconsistent statements…