Kuprion v. Fitzgerald

ROBERT S. MILLER, Special Justice,

concurring.1

I agree entirely with the result and the reasoning of this court’s principal opinion, but feel constrained by the reasoning of the dissenting opinion respectfully to propose an underlying analysis which I believe independently supports the court’s principal opinion. Most of my differences with the dissenting opinion are covered by the principal opinion itself, or are self-evident. The notion, for example, that the Chief Justice has created a new court is to me at best a legal conclusion adopted to characterize reasoning on a different subject, and…