State v. Boucher

¶45 I concur with the Court’s analysis in the second issue and I agree with the result reached by the Court on the jurisdictional issue. However, once again, I disagree with the “postconviction relief” formula employed by the Court to establish jurisdiction with the District Court.

¶46 Within the last seven months, this very jurisdictional issue has appeared before this Court on several occasions, and, in all likelihood, the inquiry will not end with this case.2 Yet, in the short time since October of 2001, the majority has established nothing short of an elusive jurisdictional target for…