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In re Commitment of Franklin

4/1/2004

le agent testified about the defendant's prior non-sexual misconduct and the time that the jury entered its verdict, several days elapsed and a substantial amount of relevant testimony was heard. A relatively small amount of this testimony related to the defendant's prior non-sexual misconduct. This misconduct did not appear to form the basis of either the State's or the defendant's case. Counsel and experts for both the State and the defendant focused on the sexual misconduct that the defendant concedes is relevant to the disposition of this case. The jury does not appear to have been sandbagged by a litany of the defendant's irrelevant past wrongs as the competing parties urged them toward an ultimate disposition.


. Applying the harmless error standard to these facts, I agree with the State that it appears beyond a reasonable doubt that the admission of the evidence of the defendant's prior non-sexual misconduct did not contribute to the jury's verdict.


. For the reasons set forth, I concur.


. I am authorized to state the Justice ANN WALSH BRADLEY joins this opinion.






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