Martinez v. State

I concur in the Court’s decision to reverse and remand this case for a new trial on the basis that Appellant was denied his right to cross-examine David Castillo and the opportunity to establish the foundation for the admissibility of habit or routine evidence. However, the Court’s reliance on Beck v. State, 824 P.2d 385 (OM.Cr.1991), to expand the definition of bias evidence beyond its traditional perameters is misplaced.

Beck addressed the defendant’s right to cross-examine a witness concerning any matter tending to show bias or prejudice. Here, Appellant sought to introduce evidence of…