State v. Victor Arciliares

I concur in the majority’s decision in this case. I write separately, however, in order to reiterate this Court’s concern as expressed in previous opinions about the potential for reversible error when the state seeks to exclude defense witnesses or limit evidence sought to be introduced by criminal defendants. Whether in the context of motions in limine or unrecorded conferences in chambers, when defendants are precluded from calling witnesses in order to introduce probative and relevant defense evidence, the likelihood of reversible error is manifest. It is, after all, the defendant’s trial.