Legal Opinion · Dissent

Tate v. State

Supreme Court of Arkansas

Decided November 2, 2006No. CR 06-084Published

1DissentJim Hannah, Chief Justice

I respectfully dissent on the admission of evidence of other crimes, wrongs, or acts, to prove guilt. State assistant medical examiner Dr. Daniel J. Konzelman testified that Melissa Portwood “had a contact gunshot wound to the head.... A contact wound means that the muzzle of the weapon is touching the skin when the gun is discharged.” In his opening statement, Tate’s attorney stated, “We admit that Kevin caused the death ofMelissa Portwood .... Your job, however, is to determine from the evidence what degree of a homicide this is.” Tate’s attorney also asserted in opening statement that,…

2Cases cited12 opinions

  1. Estelle v. WilliamsSupreme Court of the United States · 1976
  2. Alford v. StateSupreme Court of Arkansas · 1954
  3. White v. StateSupreme Court of Arkansas · 1986
  4. Anderson v. StateSupreme Court of Arkansas · 2003
  5. State v. DuLaneySupreme Court of Arkansas · 1908

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