Boyer v. Branche

I agree that the learned and able trial judge correctly interpreted and relied upon this court’s opinion in In Re Arner, cited in the majority per curiam opinion. However, in my view, that opinion espouses bad law.

Stability of the law is an important consideration and due deference should always be accorded the time honored doctrine of stare decisis. Nevertheless, when justice and experience demonstrates a precedent to be erroneous a court has the duty to squarely face the issue and recede. Such a position is all the stronger if a fresh approach is designed to achieve justice while the…