State v. Kalex

[¶ 23] I respectfully dissent, but only from that portion of the Court’s opinion that vacates the conviction and holds that the trial court erred in excluding the part of Denise Everest’s testimony offered to attack the victim’s character.

[¶ 24] In discussing the applicability of M.R. Evid. 608(a), the Court’s opinion appropriately cites with approval Inhabitants of Phillips v. Inhabitants of Kingfield, 19 Me. 375, 379 (1841), where we observed, one hundred and sixty years ago, that “[t]o permit the opinion of a witness, that another witness should not be believed, to be received and acted…