State v. Cobb

hi concur in the result only to the extent that I am bound by the en banc disposition that State v. Reyer1 was correctly decided and is thus binding precedent in this circuit. I, however, maintain my view that Reyer was wrongly decided and that now this case is its misguided progeny. By permitting a trial judge to accept evidence both contrary to the allegations of an indictment and beyond any modifications or clarifications produced by a bill of particulars, our decisions invade the exclusive province of the fact-finder at a trial on the merits. Under these decisions, at the pretrial stage…