State v. Johnstone

I concur in part and dissent in part and would reverse the conviction. I concur with the majority’s conclusions concerning the issues three, four, five and six. I dissent to the majority conclusions on issues one and two.

While I concur with the majority I would like to add the following to their discussion regarding issue three, admissibility of other crimes evidence; and issue six, ineffective assistance of counsel.

In the third issue, admissibility of other crimes evidence, the majority fails to actually apply the fourth Just factor, the weighing of probative value of the evidence versus its…