State v. Motes

(concurring and dissenting) :

While in accord with much of the majority opinion of the Court, I find myself in disagreement as to certain points. I seriously question the Court’s construction of code sections 1-65, 26-7.1, and 26-7.2. The plain language of section 26-7.2 says that unless the other sections have been complied with no such statement shall be admissible in any case or any reference be made to it in the trial of any case. Nevertheless, assuming that such a statement is otherwise competent and admissible, I cannot conceive of the legislature having intended to deprive an individual…