State v. Harris

I respectfully disagree with the majority opinion’s reasoning and conclusion concerning the application of Rule 412 to the second degree rape conviction. I would find no error in this conviction. I also dissent from the majority’s conclusion that defendant’s conviction for common law robbery should be reversed. I would vote to find no error in the trial of either felony. I concur with the majority’s decision to remand for resentencing in light of Blakely v. Washington, - U.S. -, 159 L. Ed. 2d 403 (2004).

The trial court did not err by excluding evidence of the victim’s sexual activity with her…