State v. Denney

My disagreement with the majority opinion is based upon both procedural and substantive grounds.

I need not recite the facts of this case, because they are mostly uncontested and the majority has adequately set them forth. I will, however, note initially my procedural objection. The majority deals with the State constitutional question in issue without alluding in any way to a decision of the United States Supreme Court on the exact issue under the Federal Constitution. See South Dakota v. Neville, 459 U.S. 553 (1983).

Our citizens are entitled, and indeed have the right, to seek redress under…