Harris v. State

¶ 38. With respect for both the majority and the other dissenting opinion, I find the issue that divides the Court should be decided within a different analytical framework.

¶ 39. The other dissenting opinion would reverse because the prosecutor cross-examined a defense witness about whether she had been encouraged to perjure herself by defense counsel. The defendant made an appellate issue of whether a limiting instruction from the judge was required because of this suggestion. The other dissent does not agree with that characterization of the error. Instead, it finds that error arises from…