State v. Holt

¶54 I concur in the Court’s resolution of this case. I write separately for the primary purpose of suggesting that we address inconsistent precedents regarding the standard of review.

Standard of Review

¶55 Our jurisprudence in this area of the law has not been consistent. While I reach the same result as does the Court, I write separately to suggest that these kinds of cases would be better analyzed under a uniform standard of review. In addressing Issue One-the District Court’s denial of Holt’s motion to dismiss Counts I and III-the Court uses a de novo standard of review. The Court cites…