Trout v. State

STEPHEN N. LIMBAUGH, Jr., Judge,

concurring in part and dissenting in part to supplemental opinion.

I respectfully dissent from the holding of the supplemental opinion that “a bright-line rule cannot be drawn” and that “the question whether retroactive application would work an injustice ... necessarily is dependent on the degree of notice, reliance and hardship shown by [the] particular candidate or class of candidates.” In my view, this Court’s sole function is to decide whether its decision is prospective or retrospective as to all persons affected as has been this Court’s practice with…