United States v. Davis

I join in the reasoning and the result in Senior Judge Keating’s excellent majority opinion. I write separately to emphasize three additional points.

First, I appreciate the dissent’s argument that it is not our responsibility as an intermediate appellate court to change the law. However, we cannot escape our responsibility to determine what the law is. Since our superior court has never ruled on the precise issue presented here, we have an obligation to seek to ascertain and apply the law properly. As discussed in the majority opinion and Judge Johnson’s well reasoned dissent in United States…