Robert L. Holcomb v. David Ballard

Given the mandatory procedural requirement that a defendant be arraigned on a recidivist information during the same term of court in which he or she was convicted on the triggering offense, I concur in the Court’s judgment. I write separately, however, to express my view that this rigid and arbitrary statutory requirement, as demonstrated by the facts of this case, is contrary to the spirit and intent of our recidivist laws and should be amended.

The petitioner was convicted of child neglect creating a substantial risk of injury or death on January 4, 2007, a Thursday. The prosecuting…