State v. Simmons

DURHAM, Justice:

(concurring in the result of the Chief Justice’s concurring and dissenting opinion)

I join in parts I through V and in the factual analysis of part VI of the Chief Justice’s concurring and dissenting opinion, although I do not share his concern that the majority has established an “irrational and unworkable standard disadvantaging child rape victims.” I think the legal standard employed by both the majority and the dissent is the same. This is merely a close case on the evidence, in which considerable deference is due to the inferences and conclusions made by the jury.