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This section contains the nature of the case and procedural background.

D was charged with two counts of criminal sale of dangerous drugs, both felonies. D pled not guilty. A jury trial was held and the parties met with the District Court to discuss the admissibility of D's prior perjury conviction and what evidence, if any, would be admissible should D choose to testify. The District Court clarified that P was not to make references to P's prior convictions. P called his girlfriend, as a witness. She was not designated as a character witness and on direct examination McPherson offered no character testimony. On cross-examination, she added an extra statement about D being an honest and trusting person. The court ruled that D opened the door and allowed P to bring in D’s conviction for perjury and being on probation and being sued for failure to deliver a title. D was found guilty. D appealed.

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