Peeples v. State

I wrote the majority opinion on original deliverance; therefore, I must respectfully dissent from this Court’s decision to grant the defendant’s application for rehearing, to withdraw that opinion, and to reach a different conclusion.

At issue here is whether a defendant in a rape or sexual abuse case involving a child may introduce into evidence the fact that the child prosecutrix had made inconsistent statements regarding another alleged instance of sexual abuse by a third party, on the grounds that the inconsistency of these statements regarding third parties will shed some light on the…