Kelsie v. State

Dissenting Opinion

I

DeBruler, J.

The majority properly rejects appellant’s contention that her conviction should be reversed because a “special prosecutor” was improperly appointed, holding that the record fails to show that Mr. Lensing, the attorney in question, was a special prosecutor. However I believe that if this case were to be retried, the trial court should inquire into the circumstances surrounding Mr. Lensing’s appearance before permitting him to appear on behalf of the State.

Appellant has specifically alleged that the private attorney assisting the prosecutor was employed by…