People v. Johnson

JUSTICE LYTTON,

partially concurring and partially dissenting:

I agree with Justice Holdridge’s determination that the trial court’s failure to properly consider the Boose factors deprived defendant of a fair trial. I write separately because I disagree with the narrow scope of the remand; I would remand for a new trial, not simply a retrospective hearing on the issue of the stun belt.

By insisting on a limited remand, Justice Holdridge’s opinion contradicts supreme court precedent in a presumed effort to overturn it.1

Justice Holdridge’s resolution is not consistent with our supreme court’s…