State v. Davis

(Filed July 25, 2007)

Yet again, the Majority of this Court has chosen to usurp the discretion bestowed upon a trial court by our prior jurisprudence and to substitute its own judgment to obtain a predetermined result. In so doing, the Majority once more looks to foreign jurisdictions to create the supposed precedential support upon which it now relies. Not only is such foreign law inapplicable to the facts of this case, the Majority’s result is plainly contrary to the established law of this State. Being unable to countenance this contrivance in our law, I dissent.

I agree with the dissenting…