Gilmer v. State

Dissenting Opinion by

HARRELL, Judge.

I dissent. The Majority opinion errs when it declares ambiguous the use of “dismissal” in § 6-218(b)(2) based only on consideration of that word in isolation. Though it pays lip service to considering the need to “construe the statute as a whole” (Maj. op. at 663, 887 A.2d at 553), the Majority opinion thereafter confines its analysis to (b)(2) and fails to give meaningful consideration to the place “dismissal” occupies within the complete structure of the Legislature’s scheme in the larger statutory sub-section of which (b)(2) is but a part. See Johnson v.…