Darius Briscoe v. United States

I join the opinion of the court in its entirety. I write separately to briefly address the dissent's contention that the division in this case is bound by an earlier holding in Green v. United States , 974 A.2d 248 (D.C. 2009). The opinion for the court concludes to the contrary that the court in Green simply accepted a concession without ruling on the correctness of that concession. Ante at 657-58. In large part, the dissent's contrary interpretation of Green rests on the contention that "[p]arties do not, by agreement or concession, relieve the court of its responsibility to decide…