State v. Rimmasch

HALL, Chief Justice

(concurring and dissenting):

I agree that the trial court erred in admitting the opinion evidence of the State’s expert witness. However, I am not persuaded that the error was other than harmless.

The case was tried to the court, sitting without a jury, and the evidence of the 17-year-old victim, standing alone, is sufficient to meet the State’s burden of proof. I am thus of the view that in the absence of the evidentiary error, there would not have been a reasonable likelihood of a more favorable outcome for defendant.

I would affirm the conviction and judgment.