State v. Zachary S. Friedlander

ANN WALSH BRADLEY, J. (dissenting).

¶63 The majority bucks an apparent trend in the law of our sister states and federal circuits that have adopted the equitable doctrine of credit for time erroneously spent at liberty. Paying little mind to the plethora of courts that have adopted the doctrine, it summarily dispatches with Friedlander's invocation of equity.

¶64 In my view, persuasive authority from other jurisdictions and fundamental fairness require a deeper examination of this topic.

¶65 When Friedlander was released from prison, he was told by words and actions that he was free to go.…