POLEN, Judge.
In this case we are asked to review the trial court's order dismissing the case for lack of prosecution because the state was unable to produce a key witness, the victim, at a deposition. We find this was an improper exercise of discretion and reverse.
Whether the dismissal was a sanction for failure to appear for a deposition or based on the conclusion that the state had no reasonable expectation of finding the witness and prosecuting the case...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
