Eatherton v. State

Before initial circulation of this dissent and thereafter until a final draft had been prepared, the majority had included consideration of neither Dowling v. United States, 493 U.S. 342, 110 S.Ct. 668, 107 L.Ed.2d 708 (1990), published January 10, 1990, nor Grady v. Corbin, — U.S.-, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), published May 29, 1990. After the majority opinion has since been redrafted to recognize the existence of those compelling decisions, the author now ignores United States v. Felix, 926 F.2d 1522 (10th Cir. 1991) which is also directly applicable to the constitutional…