Walls v. Kim

I concur with almost all of the majority opinion, except for the result. Were it not for Cohen v. Baxter,7 I would concur fully. However, pretermitting what I, as a former trial judge, may believe to be “the better practice,” as an appellate judge, I must follow different *262rules. One such rule is that of stare decisis. Indeed, this principle serves as the bedrock of our common law system. I recognize that stare decisis is commendable where appropriate and that it serves a useful purpose in our jurisprudence. Moreover, I recognize that we should not become prisoners of precedent and that stare…