Legal Opinion · Dissent

Gentry v. State

Wyoming Supreme Court

Decided February 19, 1991No. 89-289Published

1DissentUrbigkit, Chief Justice

The dialectic of harmless error after improper rulings on admission or rejection of evidence frequently results in the appellate court converting itself into a superannoint-ed fact finder. This is such a case. Since I do not grant myself the mystical capacity to empirically and accurately assess jury decisional processes, I dissent. In this case, we jump from the ship of reason to embark upon subjective conjecture in a bottomless boat by finite decision to apply a harmless error incrustation on justice creating a significant and harmful limitation of the accused’s right to defend.

When we…

2Cases cited13 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Patton v. United StatesSupreme Court of the United States · 1930
  3. Harris v. StateCourt of Criminal Appeals of Texas · 1989
  4. Arnold v. StateCourt of Criminal Appeals of Texas · 1990
  5. Campbell v. StateWyoming Supreme Court · 1979

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