State v. Jordan

Summary

The separate opinion agrees that the prosecutor's failure to correct potentially misleading testimony did not deprive the defendant of a fair trial, but disagrees with the majority's conclusion that the evidence was insufficient to support his conviction for tampering with physical evidence. It reasons that the defendant's statements, flight, concealment of distinctive clothing, and subsequent conduct supported an inference that he believed an official proceeding was probable and intended to impair the clothing's availability. The opinion would have allowed the conviction to stand.