State v. Noble

MR. JUSTICE DOYLE:

I dissent.

Perusal of the reasoning in the majority opinion would seem to turn on that hoary and frequently misused theory of law of stare decisis.

Analysis of the record and the Montana decisions in this case deprives the majority of sanctuary of that legal haven of justification for the decision herein.

From the very inception of appellate courts in this nation, when a substantial and fabulous miscarriage of justice occurred, the Bar would facetiously refer to such decision “as the best guess of the court of ultimate conjecture.”

*305Stare decisis is ordinarily a wise rule of…