City of Salem v. Bruner

I concur in the result reached in the court’s opinion and will state an alternative analysis on which I think the decision should be based.

At the crux of the majority opinion is the reliance on petitioner’s argument outlined in his brief that the police officer had “unbridled discretion” to determine the appeal route by checking one of two boxes on the uniform citation form indicating a violation of either a city ordinance or a state statute and designating the court in which the original trial would be held. However, at oral argument, petitioner abandoned this argument and conceded that the…