Legal Opinion · Concurrence

McCoy v. State

Supreme Court of Arkansas

Decided October 9, 2003No. CR 02-1277Published

1ConcurrenceJim Hannah, Justice

I concur in affirming this case, but on the basis of harmless error. In considering the majority’s reasoning, I must state that this case yet again raises concern for the current validity and future viability of the longstanding rule that character evidence is not admissible to prove conduct in conformity with that character. If the rule has not yet been swallowed up by its exceptions, then the rule has so far descended into the gaping maw of the exceptions that the rule is all but lost. The application of the rule in both our trial and appellate courts has deteriorated to the point that…

2Cases cited15 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. Alford v. StateSupreme Court of Arkansas · 1954
  3. United States v. Nicholas Anthony MocciaCourt of Appeals for the First Circuit · 1982
  4. Greer v. United StatesSupreme Court of the United States · 1918
  5. Sasser v. StateSupreme Court of Arkansas · 1995

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