State v. Read

(dissenting) — I posit admission of opinion testimony from all seven of the state’s eyewitnesses was an error of constitutional magnitude that compromised Read’s constitutional right to an impartial trial; the Miles presumption1 does not apply to errors of constitutional magnitude because it would impermissibly shift the burden from the state to the defendant to prove harm; and the State failed to meet its burden to prove beyond a reasonable doubt the constitutional error did not contribute to the trial judge’s finding of guilt. Thus, I would reverse Read’s murder conviction and remand for a…