Keota Mills & Elevator v. Gamble

OPALA, J.,

with whom TAYLOR, V.C.J. and KAUGER, J., join, concurring.

T1 I write separately from the court to explain why its pronouncement in which I concur does not offend or intrude upon the common law's traditional respect for the role of counsel in the adversarial forensic practice, trial and appellate.

12 Just as the law which is to govern first-instance proceedings is shaped exclusively by the trial judge who defines its state through pretrial rulings and those offered from the bench as well as through the instructions for the guidance of the jury,1 so also the issues for the appellate…