In re Criminal Complaint & Application for Arrest Warrant — concurring

Summary

The concurring opinion agrees that the writ of error should be dismissed but would do so because the plaintiffs used the wrong appellate vehicle, not because they lacked a legally cognizable interest. It reasons that the statute gave the plaintiffs statutory standing and made them aggrieved when the trial judge denied their requested relief, but that, as parties to the underlying proceeding, they had to seek review by direct appeal. Justice Ecker would dismiss without prejudice to a motion for permission to file a late appeal and would leave the constitutional issues unresolved.