Paulson v. State

KELLER, J.,

delivered a concurring opinion.

Judge Meyers criticizes the Court for what he perceives to be an abandonment of the principle of stare decisis, claiming that “judicial conservatism is no longer in vogue.” To the contrary, it was the Gee-sa 1 court that failed to consider “the work of the great men” who preceded the Court, “consistent, coherent, and undoubted.”2 In Geesa, this Court overruled more than one hundred years of precedent3 without even a passing nod to stare decisis.

In determining whether precedent should be overruled, we should take into account whether the decision under…