State v. Rosenbaum

DISSENTING OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

We granted review on a single question, viz:

“Where the materiality allegation in an aggravated perjury indictment is valid on its face, may a defendant raise a pretrial challenge to the State’s evidence of materiality, and thus require the State to prove materiality prior to trial on the merits?”

The Court ultimately answers in the affirmative, by construing our statutory scheme governing formal pretrial proceedings to reach a result that denies correlative rights for a fair trial to hear and resolve disputed issues by a final…