Johnson v. Commonwealth

I agree with the per curium opinion regarding the improper enforcement issue. However, I believe that the other issues Johnson raises also require our attention.

Preservation

The majority declines to review the merits of Johnson’s arguments due to improper preservation. Although the arguments Johnson now raises were presented to the Circuit Court on appeal, they were not initially raised before the District Court. While the District Court is vested with the authority to hear matters of constitutional concern, the realities of litigation dictate that constitutional challenges are unlikely to be…