Mohney v. State

Dissenting Opinion

Staton, J.

I dissent from the majority opinion for these reasons:

REASON ONE: SUBSTANCE NOT FORM SHOULD BE DETERMINATIVE.

Determining the nature of a motion should depend upon two standards: (1) the actual content of the motion and (2) where an argument or hearing is held, the manner in which the trial court treats the motion when applying the law. The second standard is vitally important since a hearing on the motion supplements its contents and may be the entire basis for an understanding between the litigants and the trial court. The motion filed by Mohney was labelled a…