State Ex Rel. McKenzie v. Smith

(Filed July 17, 2002)

“The right to dissent is the only thing that makes life tolerable for a judge of an appellate court.”1 As is evident from the numerous separate opinions I have authored this term, I find ever more frequently the need to exercise my right to dissent, and to urge my brethren to refrain from torturing the law of this state, and/or usurping the role of the legislature, to achieve them desired result du jour. And so, once again, I must disagree with the decision of the majority.

This case was brought as a simple request by Michael McKenzie for a writ of mandamus to compel the…