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Kelley v. Abdo1/28/2005
prejudicial" nature, "the jury heard ample evidence" supporting the defendant's guilt, and, accordingly, affirmed the conviction. 34 P.3d at 55, 57. The same reasoning follows here for two reasons: the determinative issue on which the jury was focused was not Kelley's credibility but whether Abdo and CVCH had been negligent; and the absence of any further mention of or reference to Kelley's religion in any other part of this lengthy trial.
Thus, I respectfully part company with my colleagues and am forced to conclude that the trial court's error in allowing the cross-examination here was harmless, and would, accordingly, affirm the judgment in favor of the defendants. See Foulk v. Kotz, 138 Ariz. 159, 673 P.2d 799 (App. 1983) (trial court's ruling on objection to admission of evidence subject to harmless error review).
J. WILLIAM BRAMMER, JR., Judge
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