State v. Elisondo

BISTLINE, Justice,

specially concurring.

I

I found it difficult to understand how Justice McFadden and Justice Donaldson could join in Justice Shepard's opinion in the Villarreal case, and then ten years and one month later join forces with Justice Bakes and overrule it in the Mee case. I joined Justice Shepard’s dissent in the Mee case, and today I am pleased to vote for the return to Villarreal, just as I was equally gratified that in Cheney v. Palos Verdes Inv. Corp., 104 Idaho 897, 665 P.2d 661 (1983), Justice Shepard turned the Court back into the path of righteousness when he took the…