Kortner v. Martise

Summary

This concurring and dissenting opinion agrees that a conservatorship does not automatically eliminate a conserved person's capacity to consent to intimate relationships and that the evidentiary submission of exhibit 7 was improper. It would nevertheless conclude that Kendall's participation effectively resolved any standing concern and that the exhibit was harmless because it was marginally relevant and could not have substantially influenced the verdict. The opinion therefore concurs in part of the majority's reasoning and dissents from the order granting a new trial.