State v. Campbell

I regret that I am unable to join in today’s opinion. Whenever a heinous crime has been committed, there is a strong temptation to affirm the judgment of conviction despite troubling questions. In this case, such questions exist with respect to the state’s pleading and proof of the murder charge and with respect to the separate convictions of battery and kidnapping. For reasons set forth below, I would vacate the judgment and remand the case for a new trial.

Prefatorily I must observe, with due respect to my colleagues, that the Court’s opinion suffers from a fundamental inconsistency. When it…