State v. Santiago

Summary

The concurrence explains why the state's motion to stay the judgment pending resolution of a separate appeal should be denied. Although the author continued to disagree with the court's earlier constitutional ruling and believed the state lacked adequate notice of issues considered, the earlier decision had become final after reconsideration was denied, and ordinary finality rules required adherence to it. The concurrence also states that the court should not decide in this proceeding whether the earlier decision will bind it in the separate appeal.