State v. Miles Dow

Reiber, C.J.,

¶ 58. dissenting. Defense counsel asked improper and irrelevant questions during cross-examination of the key witness for the State on several charges. These questions about the victim’s interactions with other men and her sexual preferences were objected to and sustained before the witness could answer, but the questions nonetheless created implications that could undermine the witness’s credibility and could bias the jurors against her. The trial judge, who had the unique ability to listen to the tone of the questioning and observe the jurors’ reactions, determined that the…