McKenzie v. Osborne ( 1982 )

MR. JUSTICE MORRISON

concurring:

The purpose of this comment is to fulfill a commitment made to my brother, Justice Daniel J. Shea. I was to review his dissent at its conclusion and add my judicial blessing to any portions with which I could agree. The review is complete. My comments follow:

Justice Shea’s dissent is one of the most scholarly and lucid professional works I have ever read. With keen analysis he has laid bare the travesty known as State v. McKenzie. The investigation was bungled; the plea bargain was broken; the trial was a mockery; the sentence was predetermined; the appellate review was more illusory than real.

Justice Shea sounds an alarm which rings loudly in the citizen ear. We must act to preserve our constitutional system and that action rightfully preempts any compulsion to punish, no matter how heinous the crime. Every citizen must receive equal justice before the law. There are no exceptions. In this case, our system of justice has been twisted, tom, and at times, ground asunder.

An appellate court must vigilantly protect the structure from mob assault. This Court, in McKenzie, has failed miserably.

I concur in Justice Shea’s dissent.