St. George v. Gordon (concurring)
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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** ST. GEORGE v. GORDON SECOND CONCURRENCE BORDEN, J., with whom NORCOTT, J., joins, concurring. I agree with and join the majority opinion. I write separately, however, to register my substantive agreement with the reasoning of part II of Justice Katz s dissenting opinion, although I do not join in its result. In part II of her dissenting opinion, Justice Katz cogently analyzes why Martinez v. Dept. of Public Safety, 263 Conn. 74, 818 A.2d 758 (2003), in which I joined Justice Norcott s dissent, was wrongly decided. I agree with Justice Katz in that regard, for all of the reasons stated in Justice Norcott s dissent therein; see id., 88 93; as well as all of the reasons stated by Justice Katz in the present case. Nonetheless, I decline to vote to overrule Martinez because it was an en banc decision that was very recently issued by this court. Under these circumstances, a due respect for stare decisis, especially in the area of statutory interpretation, counsels against such prompt judicial action.
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