Phillips v. State

While I concur in the judgment of the majority opinion in this case, I cannot agree completely with all that is said in that opinion and therefore feel compelled to file this special concurrence.

At the outset, it is important to consider the reasons behind the general prohibition against the use of character evidence. “As a general rule the presumption that one is of good character is included within the general presumption of innocence, or, if not included within it, it at least accompanies the presumption of innocence. Furthermore, the only pertinent question upon the issue raised by an…