Legal Opinion · Concurrence

State v. Lopez

Idaho Supreme Court

Decided September 27, 1977No. 11708Published

1ConcurrenceShepard, Justice

For reasons stated below I concur in the result obtained by the opinion of Justice Bakes but disagree with the reasoning. Specifically, I disagree with its reliance upon the defectiveness of the complaint. This issue was neither considered by the trial court nor directly addressed in the briefs or arguments provided on appeal. Further, the opinion will invite a new flood of collateral attacks to previous convictions, a result I regard as ill-considered, unwarranted and unnecessary. The question which is, in my opinion, properly before this Court and which provides an adequate and compelling…

2Cases cited11 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Thornhill v. AlabamaSupreme Court of the United States · 1940
  3. United States v. HarrissSupreme Court of the United States · 1954
  4. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  5. Smith v. GoguenSupreme Court of the United States · 1974

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