State v. Brillon

Reiber, C.J.,

¶ 54. concurring in Part I, and dissenting in Part II. This appeal has traveled a long road, from here to the United States Supreme Court and back again, raising novel claims of constitutional significance. The few that now remain, although more conventional in nature, warrant the same care and consideration. I am persuaded, however, that the majority has erred in concluding for a second time that the judgment must be reversed, this time on the ground that the trial court refused to separate the trial of the domestic assault charge from the underlying aggravating element based on…