Daniely v. State

I concur fully in Divisions 1 and 2 of the majority opinion but in the judgment only as to Division 3. As to Division 3,1 agree that the trial court is due to be upheld in his decision to exclude evidence that the victim bore a tattoo apparently reading, “Crippin’ ain’t easy but it’s fun.” But I do not agree that this ruling can be upheld on the basis that the trial court “did not abuse his discretion in excluding the evidence.” The trial court had no discretion as to that evidence; he was required as a matter of law to exclude it because it does not come within the exception to the general…