Dataurus Denzell Gotcher v. State

I respectfully dissent.

I concur with the majority’s conclusion that the trial court erred in its preclusion of Tacka Gotcher’s testimony that she had observed Janie Lynn Ragsdale, the complainant, performing fellatio on the defendant only two days before the incident giving rise to the charges against Gotcher. The issue of consent was clearly before the trial court at that time. My dissent deals, rather, with the result of the harm analysis employed. I believe that Gotcher’s substantial rights were adversely impacted, and I also believe that the absence of this testimony had a great impact on…