State v. Bingham

SABERS, Justice

(dissenting).

[¶ 15.] I dissent. The trial court clearly abused its discretion in rejecting exhibits which would have provided the jury samples of defendant’s signature.

[¶ 16.] It should not be a condition of admissibility in this State that evidence is admissible only if offered by the State. How in the world could additional samples of defendant’s signature be so confusing and misleading to the jury to deny them the right to see it. The jury is literate and was not born yesterday.

[¶ 17.] Can you imagine for a minute this type of evidence being rejected by the trial court if it had been offered by the State to convict? I would reverse and remand on the basis that the denial of this evidence unduly tied defendant’s hands, prejudiced him thereby, and prevented a fair trial. Whatever happened to the concept of a level playing field?