Naked City, Inc. v. State

I dissent from the majority’s order dismissing the State’s petition for rehearing.

In its order, the majority makes specific findings of fact. Finding number 6 appears to be nothing more than an attempt to strengthen the basis of its original stay order by setting out a lengthy quote from a “medical report.” This finding may be somewhat misleading when taken out of context. The quote is actually from a document entitled “Nursing Interview and Assessment.” This document is merely one report in a packet of materials transmitted to this Court by the Department of Correction. Additionally, the…