Stanton v. Stanton

WILKINS, Justice:

(dissenting and concurring).

I respectfully dissent in denying the petition for rehearing, but concur in awarding the costs in the amount of $100.00.

Although I concurred in the majority opinion of this Court, Stanton v. Stanton, No. 14268, 564 P.2d 303, filed on May 5, 1977, I believe that plaintiff’s petition for rehearing is meritorious and therefore should be granted.

We did not have the benefit of re-argument of this matter by counsel for the parties subsequent to this Court’s receiving the remand from the Supreme Court of the United States in Stanton 2.¹ We should hear this re-argument. Counsel for plaintiff has raised thoughtful — if strongly stated- — points in the petition for rehearing, to which he and counsel for defendant should, I believe, have the opportunity to address themselves in the crucible of a court hearing where the adversary system obtains in order

. to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.²

1 . Stanton v. Stanton, 429 U.S. 501, 97 S.Ct. 717, 50 L.Ed.2d 723 (1977).

2 . Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962).