Peters v. State

I disagree with the Court that admission of the contested evidence in this case was error. Sometimes the rules of evidence require us to say “Pay no attention to that sawed-off shotgun within easy reach.” Normally, we should hesitate to do so, both because we are not the ones who must face the consequences of a mistake, and because it may interfere with jurors’ expectations.1 But because the Court finds this alleged error to be harmless, I concur in its judgment.

The Relevance to the Charge

I disagree that appellant did not contest possession in this case. He did not plead guilty, nor did he…