Cochran v. State

I feel compelled to voice my vigorous disagreement with Justice Weltner’s special concurrence. In my opinion Justice Weltner’s scheme elevates judicial economy above personal rights and that is abhorrent to me. Judicial economy should never defeat the constitutional and statutory rights of an accused.

I agree that there are certain situations in which it is appropriate to remand a case to a lower court. Such as remanding a case for a hearing to determine the voluntariness of a confession, Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964); a suppression hearing, Waller v.…