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State v. Egelhoff7/6/1995
The effect of the majority's limitation on the application of their decision, then, is to hold that even in those cases where people have been convicted and jailed in violation of their right to due process, and even where that violation is raised properly by collateral review, we will not consider the constitutional infraction simply because it is brought to our attention by collateral review, rather than direct appeal.
This dichotomy is irrational and offends the very traditions of fairness and due process which we, as a judicial body, are charged to enforce.
For these reasons, while I concur with the result arrived at in this case, I dissent from that part of the majority opinion which would selectively apply the constitution of this State, or of the United States, based upon the procedure by which offensive governmental conduct is brought to our attention.
JUSTICE HUNT joins in the foregoing concurring and dissenting opinion.
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