State v. Serigne

hi respectfully concur in ordering new but separate trials of the two defendants. *320I write separately to highlight additional considerations with respect to each reversal.

I

With respect to Lionel Serigne, I elaborate on two points in the majority opinion: first, that the error identified regarding the jury waiver is an error patent, and, second, that the prosecution’s reliance upon Third Circuit jurisprudence is misplaced. •

A

First, it is important to establish that, because this specific issue constitutes an error patent, it falls within the scope of our appellate review, notwithstanding Mr.…