State v. Reichmand

¶34 The Court fails to even acknowledge our established canons of statutory construction, our contrary caselaw, and the principles of retroactivity applied by federal and state courts throughout the country in reaching its decision. The Court’s faulty analysis leads to use of a harmless error analysis instead of a plain error analysis which should be used under the plain error statute-particularly in light of *79the statute’s legislative history, which the Court also ignores. Applying the correct analysis, I would affirm.

¶35 The Court’s analysis confuses two different issues. Under the law, the…