STATE v. MACKEY (2022)

Writ application denied.

Memorializing agreements among counsel on the record in clear, unequivocal language is of critical importance in legal proceedings. True in all cases, this axiom is of particular significance in a case where the defendant is prosecuted for two counts of Second Degree Murder and one count of Attempted Second Degree Murder. The parties and reviewing courts should not be required to intuit the intent or meaning of vaguely worded agreements, stipulations, or rulings. Counsel, in addition to the court, are obligated to assist in this endeavor. The enigmatic should give way to precision in judicial discourse, and the goal should always be to eschew obfuscation.

McCallum, J., additionally concurs and assigns reasons.