State v. Tate

Justice ExUM

dissenting.

I think it was error to admit the witness Sterrett’s statement that he communicated with defendant without also permitting Sterrett to explain that he did not advise defendant of the possibility of receiving a ten-year sentence.

This is a close case. The evidence is not overwhelming against defendant. For this reason I cannot subscribe to the majority’s conclusion that other errors, which the majority concedes were committed at trial, were harmless.

I vote for a new trial.